2. Determination on patent fees and royalties claims in the principal lawsuit

A. The Defendant agreed to pay to the Plaintiff a patent fee and royalties of KRW 2.762 billion based on the construction completion rate, and the Defendant paid KRW 1.381 billion to the Plaintiff as seen earlier, and the fact that the construction of the instant case was completed is not a dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff the unpaid patent fee and royalties of KRW 1.3881 billion (= KRW 2.762 billion - KRW 1.381 billion), barring special circumstances, value-added tax of KRW 1.381 million (= KRW 1.381 billion) on the unpaid patent fee and royalties of KRW 1.381 billion (= KRW 1.381 billion).

B. The Defendant’s assertion and its determination 1) The Defendant’s assertion (A) did not receive approximately KRW 1.8 billion for the construction cost from the SK Construction and Geum Ho industry, the original contractor, and the additional construction cost, etc., and the Defendant did not receive the Plaintiff a total of KRW 16 billion for additional construction cost. As such, the Defendant is not obligated to pay the Plaintiff the remaining patent fee and royalties, excluding KRW 286,000,000,000,00,000,000,000,000,000,000,000,000,000. (B) In order to receive the patent fees and royalties from the Defendant, the Plaintiff did not properly perform the obligations related to the division of duties under Article 6 of the instant contract, the duty of cooperation under Article 7, and the construction technology support under Article 8, but did not delay or neglect the payment, and thus, the amount of damages should be reduced or offset from the patent