1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff, with the trade name of “B”, is a company that operates the business fees by attracting the subscribers of each mobile carrier (ELB Plus Co., Ltd., SBD Co., Ltd., SBD Co., Ltd., and the head office of each mobile carrier to receive customer data and receives business fees. The Defendant is a company that provides Internet and telecommunications-related services.

B. Around September 2009, the Plaintiff entered into a contract with the Defendant under which “the Defendant shall attract the Plaintiff the insured of the case (hereinafter “instant contract”) to pay the commission to the Plaintiff on the face of the Plaintiff (hereinafter “instant contract”). From September 2009 to July 2012, the Plaintiff engaged in a transaction under the instant contract with the Defendant from September 2009 to July 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 10, 11, 98 through 103, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. On September 2009, when the Plaintiff entered into the instant contract with the Defendant, the Plaintiff agreed to refund to the Plaintiff the amount equivalent to the fees recovered from the Plaintiff out of the fees that the Defendant received from the Plaintiff when the subscription contract is terminated in accordance with the provisions of each mobile communications company with respect to the subscribers retained by the Defendant (hereinafter “instant agreement”). However, upon the termination of the 33 subscription contract among the subscribers retained by the Defendant, the Plaintiff recovered the commission equivalent to KRW 4,892,030 from the case.

Therefore, the defendant is obligated to refund the above KRW 4,892,030 and its delay damages to the plaintiff pursuant to the agreement of this case.

(Chapter 1). (b)

The Plaintiff paid the fee to the Defendant to the Defendant pursuant to the instant contract. However, upon termination of the 33 subscription contract among the subscribers confined by the Defendant, the Plaintiff suffered damages from the Defendant’s collection of the fee equivalent to KRW 4,892,030 in total from the case.