1. The Defendant (Counterclaim Plaintiff) paid KRW 74,900,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 14, 2017 to April 27, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

- The Plaintiff is a company primarily engaged in the cudio construction business, and the Defendant is a foundation that operates the D Hospital located in Seongbuk-gu, Sungnam-si (hereinafter “D Hospital”) (hereinafter “D Hospital”).

- On January 23, 2017, the Plaintiff received a contract from the Defendant on the condition that four operating rooms among the five new units of the hospital in this case, stem cell storage rooms, stem cell laboratories, the corridor construction works of the operating room, one operating room among the five existing units of disease in the hospital, one preparation room, repair works of the restoration room, and the construction works of the sound pressure isolation room of the patient room in the sixth floor of the hospital (hereinafter “instant construction works”) for the construction cost of KRW 438,90,000 (including value-added tax) and the construction period from February 1, 2017 to March 31, 2017 (hereinafter “instant contract”).

- During the instant construction project, the Plaintiff agreed to suspend the instant construction project on May 13, 2017 between the Defendant and four operating rooms, stem cell storage rooms, stem cell laboratories, the corridor construction of the operation room, and one repair of the operation room among the existing ward units of the instant hospital, and the repair and recovery room of the existing ward units of the instant hospital and the six-story hospital without the construction of the patient room of the instant hospital.

- By March 13, 2017, the Defendant paid KRW 352,00,000 to the Plaintiff as the instant construction cost.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 12, 13, 14, and Eul evidence Nos. 6 (including a Serial number; hereinafter the same shall apply) and Eul evidence Nos. 6, and the purport of the whole pleadings, the plaintiff plaintiff, as a whole, decided to suspend the construction of this case with the defendant on May 13, 2017, and decided to suspend the construction of this case on the basis of the estimate No. 12, which was not constructed by the plaintiff on May 13, 2017, after settling the construction cost of the existing ward room and the recovery room of the hospital, and the construction cost of the patient room and the patient room of the six floors of the hospital, at 12,00,000 won.