1. As to the Plaintiff (Counterclaim Defendant)’s KRW 43,354,00 and KRW 24,126,00 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant)’s KRW 21,50 on May 21, 2016.

1. Basic facts

A. On December 28, 2015, the Defendant rendered a contract to the Plaintiff on December 28, 2015, with the construction cost of KRW 196 million (including value-added tax) as the hospital interior works for the building located in Gangnam-gu Seoul Metropolitan Government and the construction completion date on January 31, 2016.

B. At the time of the contract, the Plaintiff and the Defendant concluded that the construction cost shall be paid in installments as follows: “The progress of 10% during the contract deposit, the progress of 40% during the first intermediate payment, and the progress of 70% during the second intermediate payment.”

The Defendant asserts that the agreement should be completed at the time of the payment of down payment and each intermediate payment with respect to the following liability for delay of construction works. However, it is difficult for the Defendant to pay 10% of the total sum of 30% per day at the time of the payment of down payment and the first intermediate payment in light of sound social norms. This special agreement does not include ① the payment of down payment at the rate of 10%, the first intermediate payment at the rate of 40%, the second intermediate payment at the rate of 70%, and the second intermediate payment at the rate of 10%, ② the payment of down payment, the first intermediate payment, the second intermediate payment, the second intermediate payment at 8, 43, and 84%, ③ the payment rate of the remainder at the rate of 10%, the Defendant cannot be deemed to have refused the payment of down payment and the intermediate payment at the rate of 10% at the time of the second intermediate payment and the second intermediate payment.