1. On October 31, 2013, the part of the Plaintiff’s construction work for the extension of the Dental Care Hospital located in Seoul Special Metropolitan City, Nowon-gu.

1. Facts of recognition;

A. On October 31, 2013, the Defendant: (a) from the Plaintiff on October 31, 2013, the part of the construction work for the extension of the Dvalescent Hospital on the ground of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant land”); (b) up to December 12, 2013 (up to March 20, 2014); (c) up to KRW 145,80,000 (up to November 1, 2013; (d) an advance payment of KRW 4,3740,000,000,000 for a material site; and (e) KRW 5,832,00,000,000,000 for each contract, within 20 days after the completion of construction; and (e) payment of each contract, within 20 days after the completion of construction).

(hereinafter “instant construction contract”). B.

On November 2, 2013, the Plaintiff paid to the Defendant totaling KRW 45 million on November 5, 2013 and KRW 30 million on November 5, 2013.

When the imported materials arrive at the construction site of this case, the Defendant urged the Plaintiff to pay the remainder of the intermediate payments, and the Plaintiff demanded only the preferential implementation of the construction without paying the said materials, and the said construction was suspended due to the dispute.

On March 7, 2014, the Defendant received KRW 15 million from the Plaintiff as part of the construction price.

C. On July 1, 2014, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of non-existence of the obligation for the instant construction contract by asserting that the instant construction contract was terminated on the grounds of the Defendant’s nonperformance, and the Defendant also filed a lawsuit against the Plaintiff claiming part payments of the unpaid construction work on July 16, 2014, and then filed a claim for payment of the amount of the unpaid construction work payment by modifying the purport and reason of the claim on June 15, 2015. As at the time, the high interest rate of the instant construction work is 41.9%.

The plaintiff and the defendant additionally constructed the parts of the rooftop and the parts of the heat on the rooftop of the convalescent hospital, and agreed to receive the price separately, and completed the above additional construction. The construction cost of the part on the rooftop cover is KRW 1,411,315, and the construction cost of the additional construction for the part on the rooftop cover is KRW 3,041,124.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, and