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. On May 20, 2017, the Plaintiff entered into a contract under which the Plaintiff would be supplied with clothing equivalent to KRW 10,000,000 (hereinafter “instant contract”) for the sale at a store in which the Plaintiff would start a business on June 2017, and the Plaintiff paid KRW 10,000,000 to the Defendant on the same day.

B. Since then, the opening of the store was postponed, and the Plaintiff opened the store on September 6, 2017, and the Defendant supplied the Plaintiff with clothing equivalent to KRW 6,185,000 on September 6, 2017, which is the date of the opening of the store.

C. However, on September 11, 2017, the Plaintiff visited the Defendant’s store and notified that the Plaintiff would return (hereinafter “the instant returned clothes”) an amount equivalent to KRW 1,266,00 among the clothing supplied as above on the ground that the supply price was excessive and the inventory was included, and that the portion of the instant returned clothes and the remainder of the clothing not yet supplied (hereinafter “the instant remaining clothing”) among the instant contract would be revoked.

(A) Accordingly, the Plaintiff left the instant goods at the Defendant’s store. (D)

On September 13, 2017, the Defendant intended to deliver the instant returned clothes and the remainder to the Plaintiff, but the said clothes were returned to the Defendant by refusing to receive them.

E. On September 15, 2017, the Plaintiff requested the Defendant to return the price for the instant returned clothes and the remainder of the clothing. However, the Defendant refused to return the price and requested the Plaintiff to be supplied with the clothes under the instant contract. On September 25, 201, the Plaintiff notified the Plaintiff that it would receive the instant returned clothes and the remainder of the clothing through mobile phone text messages.

F. The Defendant returned KRW 8,120,000, out of the already paid amount on the premise of the Plaintiff’s partial rescission of the instant contract.