1. The Defendant (Counterclaim Plaintiff) paid KRW 80,430,000 to the Plaintiff (Counterclaim Defendant) and its payment from April 3, 2013 to January 28, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff is a company that, around September 5, 2012, performed the construction of a 3rd floor in Seo-gu, Daejeon (hereinafter referred to as the “instant building”) with a contract for construction of a 6th floor in the hospital located in Seo-gu, Daejeon (hereinafter referred to as “Seoul”) from B, and is a company that, around July 28, 2012, performed the construction of a 3rd floor and the 4th floor in the Fab Hospital located in the instant building; on July 31, 2012, the construction of a 5th floor in the postnatal care center located in the instant building; and the Defendant was a company that, around April 15, 2013, combined the 3rd floor and took over the 3rd floor in the instant lawsuit.

From October 5, 2012 to early November 2012, where the Plaintiff had almost completed the interior works of the third floor of the instant building, the number of floors occurred several times on the third floor of the instant building due to the Plaintiff’s mistake in performing the interior works from the fourth floor of the instant building that was conducted by Sc&D to the first floor of the instant building, and from October 22, 2012 to April 12, 2013, the number of floors occurred several times from the sixth to the fifth floor of the instant building due to the Plaintiff’s mistake in performing the interior works.

On October 8, 2012, the Plaintiff prepared a written confirmation stating that “I remove damaged parts inasmuch as we have to open the equipment at an important time due to the characteristics of the Indones Hospital,” the Plaintiff on October 8, 2012, because the entire third floor of the instant building was flooded with a height of 3 cm high, and materials, etc. were installed in the construction site to H.”

Then, on October 22, 2012, S&D knew that water leakage occurs in the ceiling of the fifth floor of the instant building to I, the supervisor of the Plaintiff’s side, and I went to the fifth floor of the instant building, water is part of the floor.