1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the revoked part shall be applicable thereto.

(b) the facts of the basis;

A. The Daejeon Regional Procurement Service, with respect to C containing the instant product, determined the general contract method competition, the general (total amount) method, the delivery period on June 25, 2015, and the national bonds on February 15, 2016, and the estimated price of 360,514,755 won (i.e., additional tax), and publicly announced the purchase price for the procurement commodities.

B. According to the public notice of the above purchase bid, both the Plaintiff (spouseD) and the Defendant bid, the Defendant was awarded a bid of KRW 311,352,000 for the bid amount. The Defendant concluded a contract with Daejeon Regional Procurement Service for the supply of goods based on the contract amount of KRW 311,352,00 and the total contract amount of KRW 311,352,00 with respect to the above C (hereinafter “instant procurement contract”).

The specific contents are as follows:

Delivery Time Limit: Details of the delivered quantity on June 25, 2015 of this Article, and on December 9, 2015 of state bonds: this Article (3kg 2,180, 6kg 7,01), contract amount of state bonds (3kg 1,941, 6kg 6,326): 163,850,620 won, state bonds 147,501,380 won (total of 311,352,00 won)

C. On May 19, 2015, the Plaintiff, which was excluded from the tender, proposed a proposal to the effect that “the Plaintiff had already produced 80% of the goods stipulated in the instant procurement contract,” and “the goods stipulated in the instant procurement contract are supplied to the Defendant.”

In the process of the negotiations, the Plaintiff and the Defendant had discussed about the issue of guaranteeing the truth of KRW 100 million on the premise of the instant procurement contract.

On May 21, 2015, the Plaintiff entered into a product supply contract premised on the instant procurement contract with the Defendant (hereinafter “instant product supply contract”).

(A) Evidence No. 1. The important contents are as follows:

Contract amount: 216,50,000 - Contract deposit 120,000,000 won (6/8) and settlement after the delivery of the remainder of state bonds (the product of this case) - Article 5 (Payment of Price) - Payment of the first (this Article) out of the total quantity shall be paid in cash before the delivery, and the second (State bonds) portion (State bonds) portion shall be paid in cash.