Of the lower judgment’s counterclaim claim, the part against the Defendant (Counterclaim Plaintiff) regarding the claim for media user fee shall be reversed, and this shall apply.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment on basic facts and the record, the following facts are revealed.

On December 20, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) concluded a contract with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) for the contract period from January 1, 2013 to December 31, 2015 (hereinafter “instant agency contract”).

Article 7 of the above contract provides that user fees shall be paid by three months for the amount corresponding to the portion of three months, and by 20 days for the new period beginning (3, 6, 9, and 12). The contract provides that value-added tax shall be paid to the contractor by the end of each quarter, and Article 8 provides that the plaintiff shall deposit the performance bond corresponding to the portion of the total amount of user fees for three months in order to secure the performance of the contract.

In addition, Article 15 of the above contract is difficult to continue the contract because the plaintiff and the defendant violated or failed to fulfill the important matters stipulated in the contract, or it is difficult to continue the business due to the amendment of Acts and subordinate statutes, the amendment of the administrative authority's policy, or any other change in circumstances (Article 4). The contract may be terminated if the plaintiff delays the payment deadline of the pre-paid media user fee even after one day, and if the contract is terminated due to the above reasons, the performance bond shall be reverted to the defendant.

On December 28, 2012, the Plaintiff concluded the instant agency contract with C Co., Ltd. (hereinafter referred to as “C”) as the main contract, and issued the guaranty insurance policy with the amount equivalent to the media user fee (including value added tax) for three months as the purchase amount of insurance.

B. From July 2014 to September 2014, the Plaintiff was at the end of June 20, 2014, which was the date of payment of media user fees for three-month period from July 2014, and 50% reduction of user fees for media around June 12, 2014.