1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff, while operating a gold business with the trade name of “F” in Bupyeong-si, has manufactured and exported the liver traffic, which is a food that is attached to clothes.

B. The Defendant has been engaged in wholesale and retail business of subsidiary materials, including clothes, with the trade name of “G” in Brazil.

【Ground of recognition】 Evidence Nos. 1, 7, 8, 11, and 13 (which include branch numbers, hereinafter the same), and the purport of the whole pleadings

2. The parties' assertion

A. On February 2010, the Plaintiff supplied the Defendant with 401,329,582 won or more, and 648,894,060 won or more of 648,894,060 won or more.

On February 6, 2012 to December 29, 2013, the Defendant prepared a statement of accounts (Evidence A No. 4) stating that the price for the goods to the Plaintiff remains 35,424,334 won if the amount of the goods paid up to that time is deducted from the amount in excess of the amount in accordance with the discount, the price for defective products, the price for defective products, and the price for the goods paid up to that time. The Defendant paid KRW 140,308,000 to the Plaintiff as the price for the goods from February 6, 2012 to December 29, 2013.

Therefore, the Defendant is obligated to pay the amount of goods unpaid to the Plaintiff (i.e., KRW 355,424,334 - KRW 140,308,00) and damages for delay from December 30, 2013, which is the day following the last payment date of goods.

B. (1) Defendant (i) supplied the Defendant’s Dong Jae, who is engaged in the clothing subsidiary material business in Brazil, with a primary traffic volume, and the Defendant, upon C’s request, only has attempted to pay the price and to examine the goods, and there was no significant traffic volume from the Plaintiff as alleged.

Even if the claim against the plaintiff against the defendant is recognized, the plaintiff's claim is subject to the three-year extinctive prescription in accordance with Article 163 subparagraph 6 of the Civil Code for the products and goods sold by the producer and merchant. The plaintiff's claim is established on February 11, 2010 and June 14, 2010.