1. The Plaintiff (Counterclaim Defendant) paid KRW 25,759,699 to the Defendant (Counterclaim Plaintiff) and its amount from May 28, 2014 to October 28, 2015.

1. Basic facts

A. On February 14, 2013, the Plaintiff and the Defendant: (a) provided the Defendant with the Plaintiff’s know-how related to the public tender of the Public Procurement Service so that the Defendant can conduct the public tender of the Public Procurement Service; and (b) concluded a technical service contract that provides the Plaintiff with half of the profits in the event of success in the relevant tender (hereinafter “instant service contract”).

B. On March 7, 2013, the Public Procurement Service announced a public announcement of the purchase of a general washing machine on March 13, 2013. Upon the Plaintiff’s advice, the Defendant offered bid of KRW 1,044,620,000 as a bid amount and won, and won was awarded the first priority (hereinafter “the instant general washing machine bid”) but failed to submit the examination documents as a result of the failure to be supplied with the goods from the manufacture, and was designated as an unjust businessman on April 19, 2013.

(hereinafter referred to as “instant improper businessman”). Accordingly, the Defendant is from April 19, 2013 to the same year.

7. From July 18, 2013 to July 18, 2013, a person was subject to sanctions not to participate in a public tender, and was given a reduction of the number of 0.5 points for the participation in a public tender for two years from July 18, 2013, and was subject to disadvantages to be submitted under a bid performance guarantee insurance policy without being replaced by a submission of a statement of payment at the time of the participation in a public tender.

C. On March 26, 2013, the Public Procurement Service publicly announced the 464 simplified smoking machine as a bidding price, and the Defendant, upon the Plaintiff’s advice, offered a bid of KRW 297,66,00 (including value-added tax, KRW 270,605,454 when excluding value-added tax, and KRW 270,60,605,454) on April 4, 2013 and awarded the bid first priority.

On April 30, 2013, the Plaintiff entered into a contract under the name of the Defendant to receive KRW 262,66,00 (including value-added tax, and KRW 238,787,272 at the time of exclusion of value-added tax) from the Industrial Complex Co., Ltd. to 262,66,00.

(hereinafter referred to as “the bid for a simplified smoking machine” in this case. The Defendant thereafter included value-added tax from the Public Procurement Service as its successful bid amount of KRW 297,66,00.