A. The Plaintiff entered into an electricity-saving construction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the construction cost of KRW 55,000,00 (excluding value-added tax) and an electricity-saving construction agreement with the construction cost of KRW 115,00,00 (excluding value-added tax), and agreed that the value-added tax on each of the above construction works shall be paid by the Defendant Co., Ltd. on the face of the week by issuing a tax invoice.

After completion of each of the above construction works, the Plaintiff issued an electronic tax invoice of KRW 60,500,000 (including value-added tax of KRW 10%) on June 4, 2012, and issued an electronic tax invoice of KRW 126,50,000 (including value-added tax of KRW 10%) on June 20, 2012, and issued it to the Defendant Company.

The Defendant Company: (i) paid KRW 17,000,000 in total value-added tax (i.e., value-added tax of KRW 5,500,000 on the tax invoice dated June 4, 2012; and (ii) paid KRW 12,00,000 among the Plaintiff.

B. On November 12, 2014, Defendant Company: (a) prepared a loan certificate stating that “it shall be repaid to the Plaintiff by December 30, 2014, including 25,000,000 won from the Plaintiff and 5% interest” (hereinafter “certificate of borrowing on November 12, 2014”); (b) attached the Defendant Company’s certificate of personal seal impression to the Defendant Company; (c) remitted KRW 25,00,000 to the Bank Account under the Defendant Company’s name on November 13, 2014; (d) the Plaintiff transferred KRW 17,70,000,000 to the Defendant Company’s account on October 24, 2014; and (e) KRW 7,30,000,000 to the Defendant Company’s account on October 24, 201; and (e) KRW 201,000 to the Defendant Company’s account on October 30, 2014.