1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On February 2, 2016, the Plaintiff entered into an underwriting agreement with respect to C: (a) sold to the Defendant a limited liability company C (hereinafter “C”) at the purchase price of KRW 160 million; (b) on the other hand, the Plaintiff entered into an acquisition contract with respect to C with the intent to pay the remainder of KRW 16 million to the Defendant on February 29, 2016, the remainder of KRW 140 million at the time of the contract; (c) entered into an acquisition agreement with the Plaintiff (Evidence B; hereinafter “instant agreement”); and (d) written the acquisition agreement with respect to the said business, stating the following:

(1) Terms and conditions of sale: 10% of stocks, acceptance due to changes in the entries in the registration, and (2) The rate of installment payment for construction works in progress of verification and agreed matters: 2% of (amount in advance - premiums).

B. On December 10, 2015, prior to the conclusion of the instant agreement, C received orders from the Gunsan City for civil engineering works among D projects (hereinafter “instant construction works”).

On March 10, 2016, after the conclusion of the instant contract, the original Defendant drafted an agreement related to the acquisition of the company (Evidence A No. 1-1, hereinafter “instant agreement”) while the Defendant decided to carry out the instant construction. The agreement related to the acquisition of the company contained the following:

1. Under the principle of mutual understanding and mutual benefit, the original defendant shall enter into an agreement on the D business accompanied by the defendant's acquisition of C.

② In accepting C as the Plaintiff’s representative, the purpose of this Convention is to clarify C’s duties and rights relating to the instant construction project, which was entered into between Kunsan-si and Kun on December 10, 2015, and the Defendant and the Plaintiff’s performance of their duties in accordance with the good faith principle.

(3) The representative contractor in the contract of the Gunsan-si as to the instant construction work shall be maintained as C, and the defendant shall, after the defendant acquired as to the instant construction work, perform the D Corporation E as the representative.

(4) The plaintiff fully cooperates with the defendant in acquiring C, and fully accepts it, and the plaintiff is excluded from its management.