1. The Defendant (Counterclaim Plaintiff) paid KRW 23,437,496 to the Plaintiff (Counterclaim Defendant) and its related amount from June 29, 2012 to February 16, 2017.

1. Basic facts

A. On December 27, 2011, the Plaintiff entered into a contract with the Defendant, by lending the name of Sindong-gun Co., Ltd. and the Plaintiff, to construct a medical care center (hereinafter “instant building”) on the land of 1,170 square meters in Do-dong, Dong-dong, Chungcheongnam-dong, Seoul, and 962 square meters in the construction cost of KRW 580 million (excluding value-added tax) (hereinafter “instant construction contract”).

In concluding the instant construction contract, the Plaintiff and the Defendant drafted a standard form of contract for private construction works (hereinafter referred to as “instant contract”) which include the following special agreement:

A separate special agreement may be made by mutual agreement between A (referring to the defendant) and B (referring to the plaintiff) with respect to the standard contractual terms for private construction works (as defined in Article 39 (Special Agreement) and other matters not provided for in this Agreement.

(b)

2. To re-Adjustment when additional construction costs due to a modification of design occur; and

3. “B” shall be conducted on the basis of design drawings and shall be settled later at the time of the modification.

4. The value-added tax shall be separately imposed;

(B)

B. The Plaintiff commenced construction around February 2012, and the Defendant completed the registration of ownership preservation around July 3, 2012 upon obtaining approval for use of the instant building from June 28, 2012.

C. The Defendant paid a total of KRW 580 million to the Plaintiff as construction price under the instant construction contract.

[Reasons for Recognition] Unsatisfy, Gap 5, 6, 10 evidence (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul 14 and 21 evidence, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the Plaintiff’s assertion is KRW 638 million including value-added tax (i.e., KRW 580 million), and the Plaintiff agreed to receive a settlement of construction cost in the future and added construction works at the Defendant’s request. The additional construction costs amounting to KRW 218,69,00.

On the other hand, the defendant paid 580 million won to the plaintiff as the price for construction, and the plaintiff.