All appeals by the Plaintiff (Counterclaim Defendant) are dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant) in total.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 24, 2018, the Plaintiff entered into a contract with the Defendant for the construction work (hereinafter “instant construction work”) to be remodeled by the Plaintiff from the Defendant to the convalescent hospital by changing the purpose of use of the building located in Net City C and four parcels (hereinafter “instant building”) to the convalescent hospital (hereinafter “instant construction work”), with the construction cost of KRW 2.5 billion (including value added tax), and with the construction period of the construction period of KRW 1.5 billion from February 1, 2019 (the date of building permission) to be awarded a contract (Article 10 of the Plaintiff’s assertion, and the “instant contract”).

The main contents of the instant contract are as follows.

Standard contract for private construction works (Evidence A No. 10): The plaintiff and the owner: the defendant

1. Official mission: (tentatively named) J convalescent hospital; and

3. Date of commencement: approximately four months from the date of permission for construction on February 4, 2019.

5. Contract amount: 2.5 billion won (including value added taxes);

6. Contract deposit of KRW 250 million (within three days after the contract is concluded).

g. Part payments: Climate gender payments;

8. Balance: A separate list of taxes and public charges, including special engineer(s) vat on the completion date of the construction work, electronic and electronic equipment(s), medical appliances, expendable goods, and classical error;

3. Partition works, electrical construction works, sanitary facility works, fire fighting works, and facility works for disabled persons;

4. General use within a hospital and elevator for disabled persons;

5. Altering the use of buildings and including structural design;

6. Construction works including stalking repair works;

7. Construction 2) On December 27, 2018, the Defendant paid the Plaintiff a down payment of KRW 250 million under the instant contract.

B. On December 22, 2018, the Plaintiff entered into a construction design agreement with D (E architect) on the following terms: (a) the purpose of use and structural review of the instant building; (b) the purpose of use and structural review; and (c) the payment of KRW 83 million.

The Plaintiff paid D KRW 45,650,000 on December 27, 2018, and KRW 33,000,000 on February 8, 2019, respectively, according to the above contract.

2) On December 26, 2018, the Plaintiff is F (G of the private office of construction).