1. The judgment of the first instance court, including a counterclaim claim extended at the trial court, shall be modified as follows:

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

It was originally constructed by the neighborhood living facilities of the first or fourth underground floor (hereinafter referred to as the "Adong building") on the ground surface of Busan Northern-gu D, and the neighborhood living facilities of the first or fifth underground floor (hereinafter referred to as the "B Dong building") on the ground surface.

After completing the registration of ownership transfer for each of the above buildings on March 22, 2011, the Defendant, a medical corporation, was unable to implement a plan to remodel each of the above buildings into one convalescent hospital facilities.

(2) Around May 6, 2013, the Plaintiff and the Defendant entered into a building design contract (hereinafter “instant design contract”) with respect to the instant construction project on the following grounds: (a) around November 201, 2012, the Plaintiff and the Defendant entered into a building design contract (hereinafter “instant construction contract”).

At the time, the Plaintiff agreed that the supervision of the instant construction works is also responsible.

(2) The contract amount of the design contract of this case was KRW 43,50,000 (Evidence 1) but the contract amount of the design contract of this case was 30,000,000, and the contract amount was 13,500,000 won (Evidence 17-2).

Standard design contract for buildings

1. Building name: C convalescent hospital; and

2. Site location: Busan Northern-gu D, E, and F

3. Design content: 2,00 square meters for the purpose of extension, alteration of purpose of use: 3: Convalescent care hospital structure: 4: A reinforced concrete structure: The total floor area of 1st basement and 6th floor above ground: 479.45 square meters: 2,954 square meters.85 square meters;

4. Contract area: 2,954 square meters.85 square meters.

5. Contract amount: § 43,500,000. (3) When making installment payments, the time of payment and the amount of payment shall, in principle, be determined as follows; however, the defendant and the plaintiff may be adjusted through consultation:

- the time of the contract;