1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 56,122,718 and KRW 38,120,521.

The court's explanation in this part is called the third main text of the judgment of the court of first instance.

In addition to the phrase “ March 31, 2016.” as “ April 1, 2016,” the phrase “1. Basic Facts” under the main sentence of Article 420 of the Civil Procedure Act is the same as the phrase “1. Basic Facts” between the second and fourth pages of the judgment of the first instance.

The Plaintiff’s assertion that the Plaintiff asserted that the Plaintiff spent KRW 199,00,000 out of the project cost on behalf of the Defendant pursuant to the instant agreement. As such, the Defendant is a settlement profit as stipulated under the instant agreement (hereinafter “settlement profit”) and the Defendant is the basis for calculating the net profit of the trust business in the final statement of revenue and expenditure attached to the instant agreement, as follows.

- Sales 5,684,983,305 - Sales 57,090,832,418 won (including site expenses) - Sales Official Fee 47,636,596,257 - Non-Business Income 71,88,347 won - 315,950,925 won equivalent to 10% of sales expenses 869,93,727 won, and damages for delay.

Defendant’s assertion (i) At the time of the instant agreement, the Plaintiff agreed to pay on behalf of the Defendant the total amount of KRW 735,000,000,00, which is the design service cost, district unit service cost, and prop-working cost (hereinafter “design service cost, etc.”) out of the project cost (i.e., design service cost of KRW 435,000,000, global unit service cost of KRW 130,000,000, KRW 170,000, value-added tax).

Therefore, the defendant is obligated to pay the contract amount of this case only when the plaintiff has to pay the total design service cost, etc., and since only KRW 199,00,000, which is a part of the plaintiff, the defendant cannot respond to the plaintiff's claim.

Shebly, even if not, the settlement profit, which forms the basis for calculating the instant contract amount, shall be based on KRW 381,205,211, which is the actual principal of the instant project and the truster, not on the trust business of the Korea Land Trust, but on the basis of the net profit of the instant project.