1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. The Plaintiff is a stock company with the purpose of computer wholesale and retail business, software development and consulting business, and the Defendant is a stock company with the purpose of developing and consulting software and selling and managing software.

B. On April 2013, the Plaintiff: (a) transferred the license sales right of software D’s software products developed by the Company C from the Company C; and (b) around August 2013, the Defendant entered into a continuous transaction relationship with the Defendant to take charge of the sale, maintenance, and repair of D; and (c) to pay the Plaintiff a part of the sales price in return for license.

C. From August 5, 2013 to September 30, 2014, the Defendant sold D five times, and paid 50% of the sales proceeds of each of the said five transactions to the Plaintiff from August 20, 2013 to November 28, 2014.

On November 30, 2015, the Defendant sold D’s KRW 70 million to E Hospital, sold D’s KRW 20 million in return for License to the Plaintiff, and paid KRW 10 million in return for License to the Plaintiff on October 31, 2016.

(hereinafter the Defendant’s sales of D with the hospital and F hospital (hereinafter “this case’s sales”). [Grounds for recognition] did not dispute, Gap’s evidence Nos. 1 and 3, Gap’s evidence No. 2-1 to 7, Eul’s evidence No. 1-1, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion 1) The defendant agreed to pay 50% of the sales proceeds to the plaintiff in return for D sales, and entered into a transaction with the plaintiff five times prior to the instant transaction, and the conditions were maintained even in the instant transaction. Thus, the defendant is obligated to pay to the plaintiff the total amount of KRW 50 million (15 million for the E Hospital case of the E Hospital case of KRW 35 million) in return for the license. Accordingly, the defendant is obligated to pay the plaintiff KRW 30 million (20 million for the E Hospital case of KRW 20 million) already paid to the plaintiff at the above KRW 50 million.