1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

The plaintiff is a large-scale retailer who operates a DNA documentary department store in macro-si, and the defendant is an enterprise that supplies clothing to the plaintiff.

On September 1, 2012, the Plaintiff drafted a “specific purchase transaction agreement” or “the instant contract” (hereinafter referred to as the “instant contract”) stating that the Plaintiff purchased goods supplied by the Defendant, and sells goods under the Defendant’s responsibility, and then trades them on condition of returning inventory goods.

On September 25, 2014, the Defendant confirmed that the Plaintiff had KRW 232,225,685, the obligation to return the price of the goods was paid in installments on four occasions as follows, and the sale of the goods in stock was conducted under the responsibility of the Defendant (the “principal agent” refers to the Defendant, and the “Return” refers to the Plaintiff). If the sales claim falls short of the amount of redemption on each day due to the low sales price, the Defendant drafted a “written undertaking on the return of the price of goods” (hereinafter “instant undertaking”) or “written undertaking on the following day to deposit the insufficient amount into the Plaintiff’s bank account.

After the instant undertaking, the Defendant sold inventory goods and returned KRW 150,381,995 out of the price of the goods, and did not return the remainder of KRW 81,843,690.

[Ground of recognition] A. 1, 2, 1, 2, 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings is liable to pay to the plaintiff 81,843,690 won of the inventory goods which have not been sold, among the inventory goods price of 232,225,685 won, which was decided to be returned pursuant to the undertaking of this case.

The Defendant’s assertion that the substance of the instant contract is a direct purchase transaction, not a specific purchase transaction, and in the “Designation and Public Notice of Specific Types of and Criteria for Large Retail Business” (hereinafter “Public Notice”) the Plaintiff, who is a supplier, is a supplier in a direct purchase transaction.