1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the records on the legitimacy of the appeal for subsequent completion, the defendant's appeal for subsequent completion is lawful, since it can be acknowledged that the defendant submitted the appeal for subsequent completion within two weeks after he became aware that the documents of lawsuit, including a copy of the complaint of the first instance, and the original copy of the judgment, were served to the defendant by means of service by public notice, and the defendant was not aware of the facts of the lawsuit of this case and the

2. Facts of recognition;

A. On June 17, 2011, the Plaintiff entered into an agreement with the non-party company C (hereinafter “non-party company”) to supply ice and products manufactured and sold by the non-party company, and entered into an agreement with the non-party company as follows.

(hereinafter “instant agreement”). In trading goods manufactured and sold by the Nonparty Company and the Plaintiff, the Nonparty Company and the Plaintiff agree to perform the following additional agreements in good faith as follows:

Article 1 (Subsidy)

1. In the event that the Plaintiff has achieved the contractual sales stipulated in Article 2 of the transaction agreement within the contract period and fully repaid the amount of the goods, the non-party company shall pay to the Plaintiff KRW 40 million as sales incentives.

2. Where the Plaintiff applies for advance payment of sales incentives on condition that the sales amount will be achieved during the contract period and the full amount of the sales amount will be paid, the non-party company may pay it.

Article 2 (Refund of Incentives)

1. In a case where the Plaintiff intentionally or negligently violates the prime contract, or even termination of the contract, the Plaintiff must return 1.2 times the subsidy granted pursuant to Article 1 to Party A.

2. In a case where the Plaintiff unilaterally terminates the contract while he did not achieve the contractual sales within the contract period, the Plaintiff must return the subsidy granted pursuant to Article 1 to the non-party company.

B. On June 17, 201, the Defendant and D assumed the Plaintiff’s obligations with respect to the instant agreement with the Nonparty Company as follows.