A. On November 24, 2015, the Plaintiff (dedicated agency) who received the duties specified in the Industrial Technology Innovation Promotion Act (hereinafter “Industrial Technology Innovation Promotion Act”) from the Korea Evaluation Institute of Industrial Technology entered into an agreement with the Defendant (dedicated agency), the B, and C (dedicated agency) on the task called “D”; the general manager entered into the agreement with the Defendant representative director, the business period from June 1, 2014 to August 31, 2022; the total execution period from June 1, 2014 to August 31, 2017; and the period from September 1, 2015 to August 31, 2016; and the technology development project expenses amounting to KRW 312 million in total (hereinafter “instant agreement”).

B. The Plaintiff paid KRW 165 million to the Defendant on November 30, 2015 pursuant to the instant agreement.

C. On September 7, 2016, the Plaintiff notified the Defendant of the fact that the approval process for commercialization of the second annual evaluation result of the E equipment Industry Development Support Project for the second year in 2016 is unclear and that the research and development portion was replaced by the intermediate purchase goods.

On January 17, 2017, the Plaintiff notified the Defendant of 52,123,694 won as the settlement amount.

E. Upon the Defendant’s filing of an objection to the above notice of return of the settlement amount, the Plaintiff re-examineed it and notified the Plaintiff that it would return KRW 43,727,970 on February 7, 2017 (hereinafter “instant notice of return”).

F. The Defendant requested a review of the amount of settlement following the notice of the amount of settlement of accounts in this case, but did not accept it.

G. On March 23, 2017, the Plaintiff filed an application for the payment order with the Ulsan District Court for civil action against the Defendant on March 23, 2017, when the Defendant did not return KRW 43,727,970 upon the notice of the instant payment order. The Ulsan District Court issued the payment order on the 24th of the same month (hereinafter “instant payment order”).