1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is operating an agent (trade name: C) who installs, maintains, and repairs a credit card terminal at the head office of the Korea Communications Agency (hereinafter “Korea Communications Agency”).

B. On April 25, 2006, the Plaintiff’s head office, entered into a contract term of two years between Company D (the Defendant’s merger with the Defendant; hereinafter “Defendant”) and the Defendant’s franchise store to install a credit card terminal and provide credit card transaction approval services (hereinafter “2006 contract”). On the other hand, the Plaintiff’s head office, entered into a credit card transaction approval service contract with the Defendant’s franchise store (hereinafter “the Plaintiff’s head office”). Around April 25, 2006, the Plaintiff’s agent was in charge of installing, maintaining, and repairing the Defendant’s franchise store.

C. At the time of concluding a contract in 2006, Pasta paid KRW 100 million to the Defendant as an exclusive revolving payment.

This is paid in accordance with the practice of providing a part of the fee for each credit card company to the franchise headquarters as a subsidy by installing a credit card terminal to the franchise store. D.

On July 31, 2008, the Plaintiff, at the time of the Defendant’s filing, remitted KRW 80 million to the account in the name of the Defendant’s director E, and the Defendant’s director (hereinafter “instant grant”). In collusion with F on November 22, 2013, E embezzled KRW 80 million, which was transferred from the Plaintiff to F’s account in the name of F on his/her business for the Defendant.

‘A person who was convicted of the crime was convicted.’

(Seoul Eastern District Court 2013No366). e.

Around 2010, the Defendant entered into a contract to use credit card transaction approval services with KIKO Information and Communications Co., Ltd., and the Plaintiff’s agent prior to the conclusion of the said contract.