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 corporation with the purpose of developing, manufacturing, or selling software, and the Defendant is a corporation with the purpose of manufacturing intelligent transport equipment.

B. On July 20, 2007, the Plaintiff entered into a supply contract with the Defendant with respect to the Hasp Apungs (hereinafter “instant software”) as follows (hereinafter “instant supply contract”).

Article 9 (Right to UseC) The Defendant has the right to produce or sell products using the instant software, but it does not include the right to provide or transfer such products to a third party without the Plaintiff’s written approval.

Article 11 (C’s Royalties) ① The royalty for the software of this case consists of the EDK Kit Price, Investment Day, Balance, and Sales Fixed Price.

④ The Defendant shall pay 1,250 won per sales terminal to the Plaintiff with a fixed selling fee.

(L) Article 12 (Additional Method of Payment) (3) The defendant shall pay the sales fixed amount user fee under Article 11 (4) to the plaintiff within 22 days of the following month during the contract period from the date of commencement of the sale.

C. The software of this case is listed on the ICT chips manufactured by the D Company and supplied to the Defendant, and the Defendant has installed it on the HP terminal manufactured by the D Company and supplied it to E Co., Ltd. (hereinafter “E”).

From 2010 to 2015, the Plaintiff supplied the instant software to the Defendant in accordance with the instant supply contract and received KRW 252,432,590 in total as follows.

From September 2013, 2013, the fixed amount of sales fee (copy) was adjusted to 20,105 25,131,250 from 29,544,36,930,00 36,446,557,550 from 2013 to 860 won for each device.

45,472 49,501,760 on 56,062 48,213,320 on 54,766 on 2014