A. On April 8, 2008, E Co., Ltd. (hereinafter “E”) entered into a contract with C on the following terms: (a) on June 25, 2008, the Plaintiff and the company engaged in manufacturing industrial machinery and plant construction, etc.; and (b) on June 25, 2008, the Plaintiff entered into a contract with the Plaintiff to subcontract the mechanical installation works (hereinafter “instant contract”) to the Plaintiff (hereinafter “instant contract”).

Construction price: US$ 15,500,000 (payment of US$ 1,550,000 within 15 days from the date of the contract) - Construction period: The construction period commenced on June 16, 2008 and completed on April 7, 2010.

B. The instant construction was suspended at the rate of 15.8% on March 22, 2010.

On July 30, 2008, the Plaintiff received USD 775,000 as part of the advance payment from E, and received a promissory note of KRW 782,750,000 as the second advance payment on August 8, 2008, and thereafter received construction payment of KRW 2,48,00,000 in total until the completion of the construction work.

(The amount corresponding to the above percentage of the total construction cost). 【No dispute exists with the ground for recognition, Gap evidence No. 2, Gap evidence No. 6-9 (including the whole number), the purport of all pleadings.

2. The parties' assertion

A. At the time of entering into the instant contract, the Defendant asserted that, as the head of the headquarters of the overseas plant headquarters of E, the Defendant is in charge of the work of refining DNA, and that, in fact, E would give a subcontract to the Plaintiff with the fact that it did not have the ability to perform the said work, although E would not have the capacity to perform the said work properly, E would give a subcontract to the Plaintiff. As the Plaintiff’s full efforts with experience and knowledge in overseas plant business, E would be entitled

Therefore, the Defendant demanded that 450,000,000 won equivalent to 3% of the subcontract amount in return for subcontracting the instant construction project to the Plaintiff be the rebates, and did not comply with it.