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

A. On November 27, 2013, the Plaintiff paid KRW 83,170,331 to the Defendant.

B. The Plaintiff prepared a substitute driving business using the Defendant’s substitute driving program, and the other substitute companies opposed to the Plaintiff’s use of the Defendant’s program. On November 30, 2013, the Defendant notified the Plaintiff that “the Plaintiff cannot use the Defendant’s program, and the above KRW 83,170,331, as it is the unpaid user fee of C(D).”

[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, 7-2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The plaintiff's assertion 1) The defendant and the defendant who want to operate the business by proxy with the phone number "C" are entitled to advance payment of KRW 83,170,31 to the defendant's unpaid program usage fees to the defendant Eul, the defendant would allow the plaintiff to use the defendant's substitute operation program and return the above money to the plaintiff again. On November 27, 2013, the defendant would first pay KRW 83,170,331 to the plaintiff. Since the defendant could not use the substitute operation program for unjust reasons, the plaintiff would cancel the above use contract for the defendant's default, and the defendant would not have concluded a contract for the use of the program by proxy from the plaintiff, and would not have received KRW 83,170,331 as the user fees, and the interest thereon, etc. from the plaintiff's subrogated to the defendant.

B. Facts of recognition 1) H Co., Ltd. jointly operated by F and G (hereinafter “H”).

The program user fee is KRW 83,170,331, while carrying on the proxy driving business in the name of "C".