Of the judgment of the first instance, the part against the defendant (Counterclaim) regarding the principal lawsuit shall be revoked, and the above revoked part shall be applicable.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In the first instance court’s trial scope, the Plaintiff, as the principal lawsuit, filed a claim for restitution from the Defendant according to the cancellation of the contract and the claim for damages due to nonperformance, and the Defendant, as a counterclaim, filed a claim for the remainder payment against the Plaintiff.

However, the first instance court accepted the plaintiff's claim for restitution according to the contract cancellation among the plaintiff's claim for the principal lawsuit, and dismissed all the other claims for the principal lawsuit and the defendant's counterclaim.

Since the defendant only appealed against this, the scope of the judgment of this court is limited to the claim for restitution according to the cancellation of the contract and the counterclaim.

2. Basic facts

A. On August 31, 2017, the Plaintiff received contracts from C University 310-1, 310 Rovion Wall Down (hereinafter “instant installation works”) from C University as construction period from September 1, 2017 to October 31, 2017, with the construction cost of KRW 99,000,00 (including value-added tax).

(hereinafter “The instant construction contract”). The Plaintiff and Cuniversity agreed to create a name tag in relation to the donator’s name plate during the contract process of the instant construction work, and that “the name tag will proceed after the tamping of the professor in charge, and if the sample and the final result are different, it shall be re-produced in entirety.”

B. On October 12, 2017, the Plaintiff received a written estimate from the Defendant to set up KRW 36,258,420 (including value-added tax) with respect to the production of a name plate of donator during the instant construction work, and around that time, provided the Defendant with a sample of KRW 1. Samples from C University.

The defendant, referring to this, has produced the attached Form 2. Samples and has obtained the approval of C University through the plaintiff.

C. On November 10, 2017, the Defendant submitted a written estimate to the Plaintiff to increase the cost of manufacturing a master plate to KRW 98,183,800 (including value-added tax). The Plaintiff and the Defendant based on the said written estimate, including value-added tax of KRW 97,90,000 on November 15, 2017; advance payment of KRW 29,370,00 on contract; and December 8, 2017.