A. On December 15, 2008, the Public Procurement Service’s tender notice of the instant construction project divided B construction works (hereinafter “instant construction works”) into eight construction sections (hereinafter “instant construction sections”). The successful bidder’s decision was based on the weight criteria that adds up the design score and price score to 75% and 25%, respectively.

B. The Defendant et al., 8 companies, including C, etc., a large construction company in Korea, had a business team leader meeting from November 2008 to December 2 of the same year. Of them, six companies, including C, etc., decided to participate in the bidding of each construction section as follows with respect to six construction sections, excluding Articles 4 and 8, among the eight construction sections of the instant construction project (hereinafter “instant agreement on the division of construction sections”).

A. Around December 208, the Defendant agreed to the effect that: (a) the Defendant would be the successful bidder of the Section 3 pursuant to the instant agreement on the division of the Section 12345678 participant; and (b) the Defendant would be the successful bidder of the Section 3; and (c) the Defendant would be the successful bidder of the Section 3 pursuant to the agreement on the division of the Section 3 (hereinafter referred to as the “instant agreement”).

3) On April 14, 2009, the Defendant submitted an alternative design almost similar to the draft design to the Public Procurement Service, and submitted a tender document stating the amount of KRW 67.27 billion (an amount equivalent to approximately 95.15% of the estimated amount of KRW 70.627 billion) notified by E, which is an amount of KRW 67.7 billion (an amount equivalent to approximately 95.15% of the estimated amount of KRW 70.627 billion). (c) The selection of successful bidder and the conclusion of the contract for construction works shall be made by organizing the bid for Section 3 with K, Inc., Ltd., Ltd., and M& and N&A (hereinafter “instant tender”).

The consortium participated in the contract and entered into a contract with the amount of KRW 67.89 billion (predetermined 70.627 billion) equivalent to KRW 96.12% (predetermined 70.627 billion) for the construction project with respect to Section 3.

The Plaintiff’s design compensation payment against the Defendant.