1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. "Order of the court of first instance" in paragraph (1) of the same Article.

1. Basic facts

A. On October 8, 2013, the Plaintiff entered into a medical voucher business center agreement (hereinafter “instant contract”) with the Defendant to take charge of support for and external publicity of the medical voucher computer system, and the Plaintiff entered into a medical voucher management center agreement with the Plaintiff to take charge of attracting designated medical voucher hospitals, issuing medical voucher cards, and supporting public relations and marketing within the designated business area, and paid KRW 55 million to the Defendant at the center’s expense.

B. The original Defendant agreed upon the instant contract, and the Plaintiff demanded the Defendant to return the said KRW 5 million, and the Defendant, on February 23, 2014, “the KRW 25 million in the custody of the C chief office is scheduled to return to the Plaintiff during March, 2014, and KRW 30 million in the custody of the Defendant.

4. The scheduled return to the Plaintiff up to 30.

“The written agreement of this case” (hereinafter referred to as “instant agreement”) was drawn up and delivered.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1-1 and 2, and the purport of whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) agreed on the Plaintiff’s repayment of KRW 55 million for the Center’s franchise fee to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff KRW 5 million and delay damages therefrom. Defendant (2) agreed not to refund KRW 55 million for the Center’s franchise fee at the time of the conclusion of the instant contract, and thus, the Plaintiff’s claim cannot be complied with.

② Since the Plaintiff failed to perform its obligations under the instant contract, such as activities, etc. to attract hospital designated as a medical clinic, the Plaintiff cannot respond to the Plaintiff’s request.

③ On February 18, 2014, the Defendant entered into a franchise agreement with D to accept the Plaintiff’s business area (E). On the condition that D receives KRW 55 million from D, the Defendant agreed to return KRW 55 million to the Plaintiff, and the Defendant and D.