1. The Defendant (Counterclaim Plaintiff) paid KRW 2,157,494 to the Plaintiff (Counterclaim Defendant) and its related amount from April 22, 2015 to June 22, 2017.

1. The principal lawsuit and counterclaim shall be deemed to be combined;

A. On May 28, 2013, the Plaintiff concluded a construction contract with the Defendant, which is a general construction company, as follows, to construct “E Medical Care Center” (hereinafter “instant medical care center”) which is a welfare facility for the aged on the land land and D in Ansan-si, Ansan-si, the Plaintiff concluded a construction contract with the Defendant, a general construction company:

The name of the construction project in the standard form of a private construction contract (hereinafter referred to as the "construction contract in this case"): The construction site of the Fdong facility construction project (hereinafter referred to as the "construction project in this case"): the date of June 1, 2013: the contract amount on December 30, 2013: 1,089,000,000 won (including value-added tax): The contract amount on June 30, 2013: 30% (297,00,000,000 won); the completed portion of the intermediate payment rate: 1/1000 of the contract amount per day: The compensation rate for delay according to the intermediate payment payment rate:

B. On December 20, 2013, the Plaintiff and the Defendant agreed to postpone the completion date of the instant construction project as of April 30, 2014.

C. By December 2013, the Plaintiff paid to the Defendant KRW 640 million, KRW 10 million on February 7, 2014, and KRW 100 million on March 25, 2014, respectively.

The instant construction project obtained permission for completion after completion of September 2, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 15, Eul evidence 9, Eul evidence 12-1 through 6, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion arbitrarily used the construction cost received from the Plaintiff to the subcontractor without paying it to the subcontractor, and the instant construction was suspended before the completion date of the completion of the construction project, and the Plaintiff concluded the instant construction work while paying the construction cost directly to the subcontractor.

Therefore, the Defendant’s total construction cost paid directly to the subcontractor by the Plaintiff, KRW 113,198,514, and KRW 14,00,000, and the defect repair cost directly paid by the Plaintiff, and the part which the Defendant recognized as the result of the appraisal, and the defect portion 27,465.