1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is engaged in the development and sale of software, hardware, etc. under the trade name of “D”, and E is engaged in the same business as “F,” and G operates “H store,” a convenience store around April 1, 2016.

B. The Plaintiff’s software, hardware (delivery service management system, delivery user’s mobile app, delivery user’s mobile app, delivery system advertising vehicles, kiskk, service server, operation PC, and hereinafter referred to as “instant system”) related to the Plaintiff “E and G’s delivery display and advertising system based on brokerage merchants.”

The development is requested, and the delivery period shall be determined by June 30, 2017, and the development amount shall be KRW 154 million (including value-added tax) and KRW 11 million among them shall be determined within 30 days after the contract is concluded, and KRW 66 million shall be paid within December 2016, and KRW 77 million shall be paid after the completion of development, respectively, and KRW 50% of the E and G shall be paid in installments, and the person placing an order shall bear the development agreement (No. 1, 2016) in the name and seal of “F E” and “individual G” (hereinafter “instant development agreement”).

C. The Plaintiff developed the instant system under the name “I” according to the instant development agreement.

G died on July 9, 2017, and the defendant, his father, succeeded to G's property independently.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s cause of the Plaintiff’s claim concluded the instant development agreement with E and G and supplied the instant system to E and G accordingly. As such, the Defendant, the heir of G, deducted the Plaintiff from KRW 77,00,000,000, which is KRW 50 million out of the development cost of KRW 154 million, pursuant to the instant development agreement, KRW 33,00,000,000, which was paid to G from the G G’s Penalty J around July 20, 2017.