1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim that the court changed in exchange.

In the judgment of the court of first instance, the plaintiff filed a claim for confirmation of existence of obligation and a loan with the principal lawsuit, and the defendant filed a claim for additional construction cost or unpaid subcontract price as a counterclaim. The plaintiff's claim for loans in the principal lawsuit was dismissed, and only the claim for confirmation of existence of obligation was accepted, and the defendant's counterclaim was dismissed.

With regard to this, only the defendant appealed, and the court changed the counterclaim to exchange it with seeking payment of the subcontract price in accordance with the settlement agreement dated January 19, 2017.

Therefore, it is judged that only the counterclaim that has been changed in exchange with the part of the claim for confirmation of existence of the obligation among the claims in the principal lawsuit is subject to the judgment of the court.

Basic Facts

On April 15, 2015, the Plaintiff entered into a contract between the Plaintiff and the Defendant, setting the contract amount of KRW 4,977,720,00 (including value-added tax) and the construction period on April 30, 2016 to the Defendant for the construction project for the building of the F Hospital E Hospital in Seoul Special Metropolitan City, Nowon-gu.

(2) After the completion of the instant construction project, the Plaintiff agreed to pay the Defendant additional construction cost of KRW 935,00,000 (including value-added tax) and to extend the construction period until September 30, 2016, around March 2016.

(hereinafter “instant additional agreement”). On January 3, 2017, the Defendant completed the instant construction and completed approval for use of the new building.

On January 5, 2017, the Defendant prepared a written undertaking to complete payment (hereinafter “instant undertaking”) stating that the Plaintiff was paid the construction cost of KRW 7,050,000 (including value-added tax) with respect to the instant construction project (hereinafter “instant undertaking”).

The Plaintiff and the Defendant, on January 19, 2017, bear the Plaintiff’s KRW 1 billion (including value-added tax) out of the amount payable for the subcontract payment related to the instant construction project on January 19, 2017, and the Defendant bears KRW 546,563,272 (excluding value-added tax).