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.

1. Basic facts and relevant statutes;

A. The following facts are either disputed between the parties or recognized by the purport of the entire pleadings:

1) On March 12, 1999, the Defendant, with the approval of the Mayor of Gangseo-gu Seoul Metropolitan Government on March 12, 199, changed the name of the Defendant into the “NFC's Gangwon-dong Joint Fishery Products Market” (after that, the name was changed to the “NFC's Gangwon-dong Joint

hereinafter referred to as “instant joint market”

(2) The Defendant established a wholesale market in the instant joint wholesale market by entrusting local distributors with the sale of agricultural and fishery products collected by the local distributors to intermediate wholesalers through the auctioneer, and paying the remainder of the sales price after deducting 3% of the sales commission fees, landing expenses, freight charges, etc. from the sales price to local distributors.

3) On December 1, 200, the Plaintiff’s small-type B entered into an intermediate wholesaler transaction agreement with the Defendant on December 1, 200, and designated the Plaintiff’s large-type C as his agent, and wholesale or brokerage for the purchase of dry water at the instant joint market under the trade name “D.” (4) On October 8, 201, the Plaintiff filed an application with the Defendant for registration of a local distributor having a participatory joint market as a product of the instant joint market and the handling department, and around that time, registered as a local distributor of the instant joint market.

B. The main contents of the former Act on Distribution and Price Stabilization of Agricultural and Fishery Products (amended by Act No. 7275 of Dec. 31, 2004; hereinafter “Agricultural and Fishery Products Distribution Act”) applicable to the instant case are as follows.

[Article 2] The definitions of terms used in this Act shall be as follows:

9. The term " intermediary wholesaler" means a person who runs the following business after obtaining permission from a person who sets up an agricultural and fishery products wholesale market or a joint agricultural and fishery products wholesale market or a private agricultural and fishery products wholesale market pursuant to Article 25, 44, 46 or 48:

An agricultural and fishery products wholesale market or a private agricultural and fishery products wholesale market.