1. Of the “D Hospital Remodelling Corporation” concluded on April 24, 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 21, 2012, the Plaintiff is a hospital with the size of 2nd to 16th underground of the D Hospital (hereinafter “instant hospital”) supplied by school juristic persons E (hereinafter “instant hospital”) from the 2nd to the 16th above ground level, and is a “overseas department” from the 5th above ground to the 13th above ground. The 14, 15, 16th above ground (the 1, 2, and 3th above ground) is used as a cooperative room, a human accommodation, etc.

In the case of remodeling projects, a bid was conducted to select a subcontractor for the construction works (hereinafter “instant construction works”), and the Defendant failed to comply with the bid and received the bid for the said construction works by presenting the estimated amount of KRW 9.636 billion for the entire construction works.

B. Since then, the Plaintiff requested the Defendant to submit a written estimate to partially reduce or alter the scope of the said construction project several times on account of the financial situation, etc. of the ordering agency. Accordingly, the Defendant prepared and submitted to the Plaintiff a written estimate of March 9, 2012, consisting of the amount of KRW 8.53 billion, which partially reduced the scope of the said construction project, of KRW 6.82 billion, the estimate of March 12, 2012 (hereinafter “the third written estimate”), the estimated amount of KRW 4.39,252,00 (hereinafter “the fourth written estimate”), and the estimated amount of KRW 4.39,252,00,000, which was April 16, 2012.

C. On April 24, 2012, the Plaintiff had “the name of a contract: the entire unit of the D Hospital Remodelling project, and part of the construction project at the time of bidding to the Ministry of Foreign Affairs and Trade.” However, as seen in the foregoing B, a written subcontract was prepared between the Defendant and the Defendant, which included only part of the 1, 2, and 1, 3, and 4 floors above the above hospital’s outer part of the construction project, excluded from the construction scope, and only part of the 1, 2, and 1, and 5 floors above the above hospital’s outer part of the construction project.” The construction period, from April 24, 2012 to March 31, 2013, “subcontract amount:4.39,2520,000 won (including value-added tax)” and “the subcontract amount”.