2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 29, 2017, the Plaintiff and the Defendant participated in the bidding of C Corporation (hereinafter “instant construction”) ordered by the Korea Highway Corporation (hereinafter “the instant construction”), and bid at the same amount, became the first priority and became the first priority of the construction by drawing.

B. The Defendant was selected as the contractor of the instant construction upon drawing on April 5, 2017.

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion and the Defendant agreed to pay KRW 50 million to the other party by a company selected as a contractor prior to the drawing of lots.

The Defendant is obligated to pay the Plaintiff the agreed amount of KRW 50 million in accordance with the instant agreement.

B. First of all, we examine whether the agreement between the Plaintiff and the Defendant (hereinafter “instant agreement”) alleged by the Plaintiff was concluded.

The written evidence No. 3, No. 4, and the result of the Plaintiff’s representative questioning alone are insufficient to acknowledge that the instant agreement was concluded in light of the following circumstances, and there is no other evidence to support that the instant agreement was concluded.

1) The Plaintiff’s representative D made an oral agreement between the Plaintiff’s representative D and the Defendant’s representative E, and the Defendant prepared KRW 50 million in cash and prepared a notarial deed due to the Plaintiff’s lack of cash. Pursuant to the agreement, D and E opened a notarial deed with the Plaintiff’s copy of the register of the Plaintiff’s juristic person after the completion of the notarial deed. However, as the Defendant won as the Plaintiff won as the notarial work, it did not need to prepare the notarial deed, D and E were to prepare the notarial deed with the copy of the register of the juristic person after the completion of the notarial deed. (2) D are to prepare only a notarial deed with respect to the Plaintiff’s performance obligation, and written any document, such as an agreement, with respect to the Defendant’s performance obligation.