(a) When the whole purport of the pleadings is added to the statements in Gap evidence Nos. 1 through 4, the following facts may be acknowledged:

1) On January 8, 2018, the Public Procurement Service will select the next-term lottery business entity to which the Ministry of Strategy and Finance has the secretariat of the Korea Lottery Commission as an end-user institution (hereinafter “instant bidding”).

(2) On February 20, 2018, the Plaintiff entered into an MOU with the Defendant to participate in the tendering procedure for the lottery tickets selection business entity (hereinafter “instant MOU”) with the following content on February 20, 2018.

The main contents of the MOU of this case are as follows.

Section 2. (2) The representative of the consortium shall be the plaintiff.

The plaintiff represents this consortium externally, is organized to comply with the Lottery Fund Act, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, the Enforcement Rule, and the Committee's policies, and is responsible for internal and administrative problems between the members of the consortium in negotiations, transactions, dispute resolution, etc. with third parties arising for the proposal of the entrusted project.

Article 5 (Rights and Duties of Plaintiffs) (1) The Plaintiff as a representative business operator and representative of the entrusted business is responsible for the successful acceptance and implementation of the entrusted business.

2. The Plaintiff shall administer the overall business operation of the newly incorporated corporation, and the business affairs necessary for the business operation, which are not defined in this Understanding, shall be allocated in the direction of maximizeing the interests of the newly incorporated corporation on the basis of expertise and efficiency of the parties concerned at the meeting.

(3) The seal-frequency shall ensure that the proposal is not disadvantageous by completing the work entrusted in relation to the preparation of the proposal by not later than the closing date for submitting the proposal for the entrusted project.

Article 6 (Rights and Duties of Defendant) (1) The Defendant shall have the relevant statutes and committees relating to the operation of entrusted projects and new corporations.