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(영문) 대전지방법원 2017.05.12 2016나107682
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment exceeding the following part ordering payment.

Reasons

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, prior to the change, “Co-defendant E”; hereinafter “A”) entered into an agency contract with the Plaintiff’s Intervenor on the sales entrustment of the insurance products and the receipt of insurance premiums, etc., of the Plaintiff’s Intervenor, and agreed that the Plaintiff’s Intervenor would be provided with 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, if the grounds for recovery of the operating expenses subsidized by the Plaintiff’s Intervenor arise, A entered into a guarantee insurance contract with the Plaintiff on September 29, 201 with respect to the obligation to return the subsidies for operating expenses on September 29, 201, and the guarantee insurance contract with respect to the obligation to return the subsidies for operating expenses on February 1, 2012 (hereinafter “instant guarantee insurance contract”), and Defendant C concluded the said guarantee insurance contract on February 7, 201.

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