1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (1) On July 20, 2013, the Defendant concluded a contract for construction work with C (hereinafter “C”) and with respect to construction work that newly constructs “E Hospital” on the land outside Seo-gu, Seo-gu, Gwangju and 14 parcels (hereinafter “instant construction work”), with the construction cost of KRW 17,50,000,000 and the construction period of KRW 17,50,000,000, and from July 20, 2013 to August 31, 2014.

C suspended the instant construction work on November 1, 2014.

(2) On December 10, 2014, the Defendant entered into a contract with F Co., Ltd. (hereinafter “F”) for the instant construction work suspended by C, with respect to the construction cost of KRW 10,000,560,000, and the construction period from December 10, 2014 to May 31, 2015.

F was suspended from the instant construction on February 16, 2015, and was performed by F at the time, the term of the instant construction was 18.04% [The term “F” means 18.04% = 66.04% (the term “pre- February 16, 2015”) - 48% (the term “pre- February 9, 2014”).

(3) On March 2, 2015, the Defendant entered into a contract with G Co., Ltd. (hereinafter referred to as “G”) for the instant construction project with the construction cost of KRW 10,000,560,000, and the construction period of KRW 20,000, from March 2, 2015 to May 31, 2015.

G completed the instant construction work.

B. (1) Meanwhile, F filed a lawsuit seeking confirmation of invalidity of the rescission of a construction contract against the Plaintiff as the Plaintiff was awarded a contract for H construction work from the Plaintiff during the course of construction work, and the Plaintiff filed a counterclaim against F to the said lawsuit (Seoul District Court Decision 2013Gahap10873, 2014Gahap3261, Counterclaim). The first instance court dismissed the F’s claim on December 26, 2014, and declared a judgment citing the Plaintiff’s counterclaim.

(2) On December 4, 2015, F appealed from the above judgment of the first instance court (the main lawsuit of the Gwangju High Court 2015Na211, 2015Na228 (Counterclaim), and the court of the second instance sentenced F to the following changes:

(hereinafter “instant judgment”). 1. The judgment of the first instance court is modified as follows. A.

Plaintiff (Counterclaim Defendant) F.

B. Defendant (Counterclaim Plaintiff).