1. The Defendant’s KRW 39,230,113 as well as the Plaintiff’s annual rate from April 30, 2014 to October 21, 2014, and the following.

1. Facts of recognition;

A. The Plaintiff is an electronic bidding advisory service company, and the Defendant is a company that operates electrical construction.

B. The Plaintiff and the Defendant entered into a bid consulting contract on August 26, 2009 (hereinafter “instant contract”). The Plaintiff provided the Defendant with electronic bidding-related services, such as facilities, services, bid information, data analysis results, and the guidance of bid price points, through the Plaintiff’s website, and the Defendant agreed to pay advisory fees to the Plaintiff in the event of a successful bid.

C. As a matter of principle, the consulting period under the instant contract is one year, and one year is automatically extended if no separate notice is given. The Defendant, on March 20, 2014, read the Plaintiff’s website’s bid information related to the electrical construction newly constructed at the fourth and seventh elementary schools (hereinafter “instant construction”) and received information on successful bid prices, and was awarded the said construction at the lowest price.

The defendant's successful bid price is KRW 1,783,186,970, and the agreed fee rate is KRW 2.2% including value added tax, which is 39,230,113 (1,783,186,970 x 0.022).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the defendant is obligated to pay advisory fees and damages for delay pursuant to the contract of this case to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion (1) asserts that, around 2012, the Defendant did not have any obligation to pay the Plaintiff fees, since the Plaintiff’s provisional seizure against the Defendant was broken out with trust relationship with the Plaintiff and terminated the instant contract, and entered into a bid consulting contract with Taeyang-do Co., Ltd.

According to the evidence Nos. 1, 2, and 4, the plaintiff seized the defendant's claims against the Korea Land and Housing Corporation around May 9, 2012, and the defendant Taeyang Co., Ltd. on August 6, 2013.