1. The Defendant’s KRW 38,00,000 as well as 6% per annum from December 18, 2012 to November 21, 2013 to the Plaintiff.

1. The following facts may be found either as a matter of dispute between the parties or as a whole as to the statements set forth in Gap evidence 1, 2-1, 2-1, and 2:

The plaintiff is a juristic person with the purpose of manufacturing and wholesale and retailing parts of public machinery, and the defendant was engaged in mechanical installation business with the trade name of "B".

B. On March 28, 2012, the Plaintiff entered into a service agreement between the Defendant and the Defendant on the part of the Defendant to exchange the electrical system of the “Ncing” in the “C” company with Chinese products (hereinafter “instant contract”) and set the service cost of KRW 17,00,000 (value-added tax separate).

The Plaintiff paid KRW 17,00,000 to the Defendant by April 26, 2012.

C. On May 2012, the Plaintiff concluded a service agreement between the Defendant and the Defendant on the content that the Defendant would replace and remodel the system of “Slidine” located in the “D” company of the Busan Green Industry (hereinafter “instant contract”) and agreed to complete work until May 30, 2012, and set the service price of KRW 8,000,000.

On May 16, 2012, the Plaintiff paid KRW 2,000,000 to the Defendant.

On May 2012, the Plaintiff entered into a service contract with the Defendant to exchange the electricity system of the “Scambling” in the “D” company of the Busan Green Industry (hereinafter “instant third contract”) with the Chinese product and set the service cost of KRW 18,700,00 (including value-added tax). If the Plaintiff pays the price in advance, the Defendant would complete the work within 15 days from the date of the settlement.

On May 9, 2012, the Plaintiff paid KRW 17,000,00 to the Defendant.

2. The assertion and judgment

A. Regarding the instant contract No. 1, the Plaintiff returned KRW 17,00,000 to the Defendant with respect to the instant contract No. 1, and the remainder of the service payment that the Plaintiff has not received from C is 19,000.