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 a company established for the purpose of research and development of a mobile linkage business process program (hereinafter “A”) and changed the trade name to “A” corporation, and the Defendant and D jointly established the E (hereinafter “E”) and conducted a proxy driving business in the name of “F”.

B. On August 31, 2012, the Defendant entered into an entrustment contract with G to the effect that “the Defendant or the person designated by G shall transfer the phone numbers related to F agency driving held by the Defendant or the Defendant to the person designated by G or G, and shall pay KRW 55 million per month to the Defendant while operating the G agency driving business upon entrustment (hereinafter “instant entrustment contract”) by transferring the phone numbers related to F agency driving to the person designated by G or G, and that “E shall transfer the F agency driving business to H (hereinafter “H”).

C. E or H did not pay the Plaintiff totaling KRW 73,170,331 of the program usage fees from April 1, 2012 to October 31, 2012 while using a substitute driving program developed by the Plaintiff. They did not refund KRW 10,000,000 of the Plaintiff’s text messages sent in advance.

(hereinafter referred to as the “instant usage fee, etc.”) D by aggregating the said usage fee and the instant text messages cost.

On the other hand, on December 4, 2012, H filed a lawsuit against the Plaintiff seeking compensation for damages from H by blocking access to the program on the grounds of the failure to pay the fees for the substitute driving program supplied to E (Seoul District Court 2012Kadan101776). On April 2, 2013, H filed a lawsuit against the Plaintiff claiming payment of KRW 83,170,31 (Seoul District Court 2013Kadan89660).

Accordingly, the Busan District Court on July 4, 2013 in the process of the case above 2012Kadan10776.