The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a company whose primary purpose is software distribution business, promotional advertising, and agency business, and the Defendant is an electronic commerce business, advertising agency business, etc.

B. On September 1, 2016, the Plaintiff entered into a service contract with C Co., Ltd. (C; hereinafter “C”) with the following content:

(A) No. 7, 1, hereinafter referred to as “instant service contract”) The Plaintiff provides C with sales and public relations activities in Korea of products developed by C, customer management and service performance for C customers, collection of user fees and fees from C users, and technical assistance to C customers. 2) During the contract period, C shall pay the Plaintiff 35% of the net profit per month as fees, and only the contract with the first customer shall be paid 40% of the net profit for 12 months from the date of commencement of the service as fees.

The plaintiff shall provide C with a written statement specifying the fees received from the customers in the preceding month by no later than the 15th of each month, and upon obtaining written confirmation from C with the contents of the written statement, the remaining fees shall be paid to C after deducting

C. On January 12, 2017, C entered into a contract for program use with the Defendant to grant the Defendant the right to use “D” (hereinafter “instant program”), which is an advertising management program that estimates the site that users, such as smartphones, computers, etc. develop with the Defendant, access through the Internet in a veterinary and statistical manner, to the Defendant.

(A) No. 2-2, hereinafter “instant use contract”). Details of the instant use contract are as follows.

1) The Defendant shall pay C an initial fee of KRW 20 million and shall pay KRW 12150,000 per month user fees during the contract period (including value-added tax).

C, however, the first two months shall be exempted from the usage fees and shall send a written request for the first month usage fees at the end of the second month in advance.