1. The Defendant’s High Court Decision 201Gadan9542 Decided April 18, 2012 against the Plaintiff is based on the Defendant’s High Court Decision 201Gadan9542.

1. Facts of recognition;

A. On April 18, 2012, the Defendant filed a lawsuit against the Plaintiff for the payment of construction machinery costs of KRW 40,070,000 and KRW 20% per annum from April 23, 2011 to the date of full payment, the Defendant was sentenced to a favorable judgment against the Defendant (hereinafter “instant judgment”), and the Plaintiff appealed.

(The District Court 2012Na7640). (b)

Meanwhile, the Plaintiff filed a lawsuit against the Defendant for the cancellation of the sales contract which was the cause of the above construction machinery payment case, and filed a claim for the refund of the purchase price. At that appellate court (Seoul Southern District Court 2012Na1820) confirmed the validity of the above sales contract between the parties, and the Defendant withdraws the appeal of the above Jung-gu District Court 2012Na7640, and the Defendant paid KRW 10,000,000 to the Plaintiff by August 17, 2012, on condition that the principal and interest pursuant to the instant judgment and the above KRW 10,000,000 are set off on an equal amount if not paid by the above date.

C. Accordingly, the Plaintiff’s appeal against the instant judgment became final and conclusive by withdrawing the appeal.

On the other hand, according to the instant judgment, the Defendant filed a claim for the cost of using equipment against the Plaintiff Co., Ltd. for the Plaintiff Co., Ltd. (hereinafter “Co., Ltd.”) with the Jinyang District Court 201TTB 201T 7047, which received a claim attachment and collection order, and filed a claim for collection against the Sungyang Branch 201Ga17439 against the Sungyang Branch 17439, and the Defendant filed a lawsuit against the Sungyang Branch 26,00,000 won to the Defendant from March 2013 to the end of each month.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The defendant's claim against the plaintiff based on the judgment of this case is asserted.