1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of fire-fighting facility business, electrical construction business, etc., and the Defendant is a corporation established for the purpose of electrical construction business, fire-fighting business, etc.

B. Around July 201, the Plaintiff entered into an agreement with the Defendant on behalf of the Plaintiff on the part of the Plaintiff regarding participation in tendering procedures for government-funded electrical construction under the name of the Defendant, the affairs related to bid award, and the affairs pertaining to the performance of construction works by a sewage supplier after winning a bid, and 97% of the settlement amount (hereinafter “the settlement amount that the Plaintiff received from the Defendant”) (hereinafter “the Plaintiff’s share of the Plaintiff out of the settlement amount”) in return for the payment (hereinafter “instant agreement”).

C. After the conclusion of the instant agreement, the Plaintiff was awarded a bid for multiple government-funded electrical construction works in the name of the Defendant and received the Plaintiff’s share among the settlement payments from the Defendant, and around November 2014, the Plaintiff was awarded a bid for the following: ① the construction of a new construction of a sapyang kindergarten teacher, ② the installation and repair of a traffic signal apparatus, ③ the installation and repair works of a transportation signal apparatus, ③ the electric power headquarters B of the Gyeongbuk-gu North Korean Electric Power Headquarters.

Each of the above electrical construction works is subject to local restrictions, and the location of the principal place of business of tender participants was required to participate in the bidding.

On August 4, 2015, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff would not participate in the said construction work, and subsequently excluded the Plaintiff, and the Defendant himself did not pay the Plaintiff’s share out of the settlement amount while performing the said construction work.

(e) The progress of the Corporation shall be as follows:

① The Plaintiff, in the name of the Defendant, jointly supplied and received the electrical construction for the new construction of a m&C (hereinafter referred to as “m&C”), under the name of the Defendant, and the Defendant is entitled to 51% construction in the name of the Defendant.