구상금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.
1. The following facts may be found either as a matter of dispute between the parties or as a whole by taking account of the respective descriptions (including paper numbers) in Gap's 1 to 4, Gap's 1 to 5, Eul's 1, 2, and 3 and the whole purport of the pleadings:
On January 31, 2012, A Co., Ltd. (Co-defendants in the first instance trial, “Co-defendant C” before the change, “A” (hereinafter “A”) entered into an agency contract with the Plaintiff’s Intervenor on the sales consignment and insurance premium receipt, etc. of the Plaintiff’s assistive intervenor, and agreed that the Plaintiff’s assistive intervenor would be subsidized for operating expenses for the entrusted business.
B. The agreement on subsidization of the above operating expenses provides that if A has achieved a specific performance set by each of the following months in April (the fourth month after the commencement of the entrusted business, referring to the fourth month; hereinafter the same shall apply), July, 13, 19, and 25, A shall be paid KRW 200,000,000,000,000,000,000,000,000,000,000,000,000
On the other hand, the contents of these operational expense support include the collection of 50% of the operational expense subsidized up to the time when each evaluation period performance standard has not been achieved through an evaluation once between the 13th and 24th and the 24th and 36th.
C. A was provided with operating expenses of KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,00
On the other hand, A concluded a guarantee insurance contract between the Plaintiff and the Plaintiff for the guarantee of payment for the aforementioned recovery obligation, on September 29, 201, with respect to the obligation to return the subsidies for operating expenses (hereinafter “instant guarantee insurance contract”), and on February 7, 2012, with respect to the obligation to return the subsidies for operating expenses in the first place. The Defendant also concluded the guarantee insurance contract for the obligation to return the subsidies for operating expenses in the second place.