1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revocation part shall be applicable thereto.

1. Case summary

A. The Plaintiff is a company that engages in construction work such as electricity, telecommunications, fire fighting, etc., and the Defendant is a company that engages in specialized construction work such as indoor architecture.

B. The Korea Health Care Association, an incorporated association (hereinafter “Korea Health Care Association”), entered into a contract with the Defendant for the extension works of the Ganbuk Branch. On May 7, 2012, the Defendant entered into a subcontract with the Plaintiff for electricity, telecommunications, and fire fighting works (hereinafter “first contract”) during the said construction works (hereinafter “the first contract”). The period of construction from May 7, 2012 to November 4, 2012, and the contract amount shall be KRW 169,950,00 (including value-added tax) and the price may be adjusted according to the design change, economic fluctuations, etc.

C. According to the above contract, the Defendant constructed a building to be extended next to the existing building of the Korea Health Management Association (hereinafter “the instant extension building”). Under the first contract, the Plaintiff continued the electricity, telecommunication, and fire fighting of the instant extension building.

On May 14, 2012, the Defendant paid KRW 16,995,00 to the Plaintiff as advance payment, and paid KRW 16,720,00 to the Plaintiff four times on August 27, 2012, KRW 39,60,000, KRW 30,000 on September 26, 2012, KRW 32,670,000 on October 30, 2012, and KRW 32,670,00 on November 30, 2012, the Defendant paid KRW 149,65,000 on the first construction (i.e., KRW 16,95,00, KRW 27,000, KRW 720,000, KRW 360,000 on KRW 360,360,07,00 on KRW 306,07,07).

E. On September 26, 2012, when the first construction was in progress, the Defendant received an additional contract from the Korea Health Management Association for the interior and remodelling construction of the said Gyeongbuk Branch (other than the instant extension building that was being carried out by the first construction) for KRW 930,00,00 for the price for the interior and remodelling construction of the said Gyeongbuk Branch (hereinafter “the instant existing building”). The Plaintiff carried out part of the said construction (hereinafter “the second construction”).

F. The Plaintiff and the Defendant regarding the instant extended building on December 3, 2012.