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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On November 28, 2016, the Plaintiff entered into a contract with a stock company A (hereinafter “non-party company”) and the non-party company with the Plaintiff to receive VN (VDed Network, Value-added Network, hereinafter “VN”) services and credit card terminals from the Plaintiff.
(hereinafter “instant contract”). (b)
At the time, the non-party company entered into the contract with the Plaintiff and received KRW 39 million from the Plaintiff as the advance payment (hereinafter “the advance payment”). However, the non-party company agreed to receive KRW 80 million, including the advance payment, from December 1, 2016 to January 31, 2017, when the credit card usage results from the franchise store were more than 50,000 won, and the above advance payment was returned if less than 50,000 won.
C. On November 28, 2016, in order to guarantee the obligation to return the aforementioned advance payment, Nonparty Company entered into a performance guarantee insurance contract (payment) with the insurance amount to be returned by Nonparty Company to the Plaintiff if the instant contract is not fulfilled (hereinafter “instant guarantee insurance contract”), and submitted the performance guarantee insurance policy issued by the Defendant to the Plaintiff.
As the non-party company failed to achieve 50,000 credit card usage records under the instant contract by January 31, 2017, the Plaintiff and the non-party company entered into a modified contract extending the period of settlement of actual usage of the instant contract to February 28, 2017. Accordingly, the non-party company received a performance guarantee insurance contract (payment) contract modification certificate from the Defendant on January 31, 2017 and submitted it to the Plaintiff.
[Reasons for Recognition] The fact that there is no Patomom, Gap's 1 to 4, and the purport of the whole pleading
2. The assertion and judgment
A. On May 19, 2016, the Plaintiff’s summary of the Plaintiff’s assertion is an agency contract with Nonparty Company (hereinafter “Nonindicted Company”) on May 19, 2016.
After entering into the contract, 24 million won is paid to the non-party company.