1. The Defendant’s KRW 22,925,250 as well as the Plaintiff’s annual rate of KRW 6% from July 7, 2016 to September 23, 2016.

1. On December 6, 2012, the Plaintiff, a software development business entity, entered into a contract to use MVO services (hereinafter “instant contract”) with the Defendant, a virtual mobile communications network business entity (MVNO) commencing from sunrise to sunrise (hereinafter “instant communications business”), using the trademark of “C” by leasing a mobile communications network from the EV Telecom Co., Ltd. (hereinafter “C”). The Plaintiff, as the Defendant’s general sales agency, shall recruit and manage service subscribers, and the Defendant, every month, concluded a contract to use the MVO services (hereinafter “instant contract”), the main purpose of which is to pay a certain portion of the telecommunications user fee collected from the Defendant to the Plaintiff as the commission, is either not disputed between the parties, or it can be acknowledged that the entire purport of the oral argument as indicated in the evidence No. 2.

2. As to the assertion of damages caused by nonperformance of the duty to provide a computer system

A. The Plaintiff’s assertion is obligated to provide the Plaintiff with a computerized system for the recruitment and management of customers pursuant to Article 3(1) of the instant contract. The Defendant provided “C” as the said computerized system around August 2013, but the Madodoz was an incomplete system that makes it impossible to calculate fees, which is the core function.

As above, the Defendant did not provide the Plaintiff with a computer system that 100 persons recruited by the Plaintiff, thereby causing damages to the Plaintiff in total of KRW 158,611,00,000, and KRW 279,611,00,000, which are paid to the agent recruitment service company as a result, due to the termination of the contract from the agent of 10 persons recruited by the Plaintiff, and the penalty to be paid to the agent. Thus, the Defendant is obligated to compensate the Plaintiff.

B. First, we examine whether the Defendant is obligated to provide the Plaintiff with a computerized system for calculating fees.

In view of the overall purport of the pleadings in the descriptions or videos of the evidence Nos. 2 and 15-1, 2, 7 through 11, and 23 of the evidence Nos. 15-1, Article 3(1) of the instant contract.