1. C and Defendant D, the taking-off of the lawsuit against the Defendant (Counterclaim Plaintiff) Plaintiff (Counterclaim Defendant) jointly and severally, KRW 75,644,339 and KRW 75,64,339.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff is a non-profit organization established with representatives of individual member-level medical institutions as regular members in order to promote the rights, interests and development of member-level medical institutions. Defendant B is a person who leases credit card terminals and engages in value-added telecommunications business (VN) in the trade name of Defendant B, and Defendant D is a person who has agreed to jointly and severally assume the obligations of Defendant B as the fraud of Defendant B.

On January 12, 2012, the Plaintiff entered into a credit card transaction approval service contract with Defendant B, and the Plaintiff’s member member stores were provided with VN services from Defendant B for the period of 36 months upon lease of credit card terminals, etc. free of charge from Defendant B. The Plaintiff entered into an agreement with Defendant B on January 12, 2012 on the payment of KRW 50 per case to the individual member store for each credit card approval case, and KRW 5 won per case to the Plaintiff (Evidence 1).

On May 12, 2014, the Plaintiff: (a) partially revised the terms and conditions of the above agreement with Defendant B; and (b) concluded a detailed agreement (Evidence A 3) stating the contract date retrospectively on January 12, 2012; (c) the content of the agreement is as follows: (a) by inserting the Plaintiff’s website, Defendant B provided VN services to its members upon request by the Plaintiff’s member member stores within the Plaintiff’s system; and (d) Defendant B paid KRW 5 times per case for approved credit cards to the Plaintiff on the first day of the following month; and (c) Defendant D agreed to jointly and severally perform the Plaintiff’s obligations against the Plaintiff.

(2) The Defendants are obliged to pay the amount to the Plaintiff based on the instant contract (hereinafter “instant contract”). From February 2014, the Defendants delayed the payment of the instant contract from the date of payment to August 19, 2014.