1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On October 17, 2012, the Plaintiff: (a) between the Defendant and the Defendant, who is engaged in the manufacture and sale business of Hanbababababababababa, etc., around October 17, 2012; (b) between the Plaintiff’s Intervenor, the insured amount of insurance coverage; and (c) the period of insurance from October 17, 2012 to February 28, 2013; and (d) the details of the guarantee as the “return of subsidies under the C Convention” as the “payment guarantee”; and (c) if the Plaintiff pays insurance money to the insured as the result of the Plaintiff’s failure to perform the Defendant’s obligation guaranteed by the Defendant, the Defendant shall be paid the insurance money and delay damages to the Plaintiff; (d) one year and 365 days from the day following the payment date of the insurance money to the day of full payment; and (e) concluded a performance guarantee insurance contract (hereinafter “payment guarantee insurance contract”).

On the other hand, the rate of delay damages publicly notified by the Plaintiff is 6% per annum from the date of insurance payment to 30 days, 9% per annum from the date of 90 days, and 15% per annum thereafter.

B. Around October 17, 2012, the Plaintiff’s Intervenor entered into an agreement with the Defendant to provide the Defendant with respect to the “D Project” task related to the Plaintiff’s Intervenor’s C business (hereinafter “instant project”). From July 2012 to December 2, 2012, the Plaintiff’s Intervenor entered into the agreement with the Defendant to provide the Defendant with the subsidies (hereinafter “instant agreement”) by setting the total project period from October 2012 to December 2012, 2012, from total project cost (hereinafter “instant project cost”) of KRW 13,00,000, total project cost (hereinafter “subsidies”) of KRW 26,000,00, total project cost (hereinafter “project cost”) of KRW 13,500,000 (cash 6,500,000, in kind, and KRW 6,500,000,000) as the Defendant’s subsidy.

C. The Intervenor and the Defendant drafted at the time of the instant State Convention.