1. The Defendant (Counterclaim Plaintiff) paid KRW 47,050,300 to the Plaintiff (Counterclaim Defendant) and its related amount from February 18, 2015 to April 24, 2018.

1. Facts of recognition;

A. On October 1, 2014, the Defendant announced a public announcement of “the instant construction project for replacing children’s play facilities” (hereinafter “instant construction”) and three companies, including the Plaintiff, participated in the tender.

(hereinafter “instant tender”). The instant tender notice includes the following:

10. Other matters 1) A tender with defects in Article 5 (Invalidity of Tender) of the Guidelines for Selection of Housing Management Operators and Business Entities (No. 2014-393 Public Notice of the Ministry of Land, Infrastructure and Transport) shall be invalidated in accordance with the Ministry of Land, Infrastructure and Transport’s guidelines for selection of housing management operators and business operators, provided that any false or collusion exists in the documents submitted shall be void even after the selection and contract are made. 2) A tender which is not described in this public announcement shall be made invalid and shall be listed in attached Table 3.

[Attachment 3]

4. 담합하거나 타인의 경쟁참가를 방해하거나 입주자대표회의 또는 관리 주체의 업무집행을 방해한 자의 입찰

B. On October 27, 2014, the Plaintiff determined as a successful bidder of the instant bid: (a) the construction cost of the instant construction project from October 31, 2014 to January 25, 2015 with respect to the Defendant and the instant construction project; (b) KRW 38,665 million [the contract amount of KRW 7,733,00; (c) the remainder of KRW 39.32 million; and (d) the remainder of the contract amount of KRW 39.32 million; and (e) the children’s play facilities

(A) concluded a contract for construction works within 15 days after the submission of the certificate of passing the installation inspection set forth in the section.

(hereinafter “instant contract”). The Defendant paid the down payment to the Plaintiff around that time.

C. The instant contract contains the following:

Article 17 (Inspection and Delivery) (1) The defendant shall, upon receiving a request from the plaintiff for a partial inspection or a completion inspection, conduct immediately the inspection in accordance with the criteria and method for inspection as provided in Article 9 (1) of the Fair Transactions in Subcontracting Act, and establish the inspection company as provided in the Children’s Playing Facilities Act.