1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The Plaintiff’s total costs of litigation as to the principal lawsuit.

1. Facts of recognition;

A. The Plaintiff is operating a wholesale and retail business of rice and miscellaneous grains with the trade name of C.

The Defendant and D jointly operate GMatet (hereinafter “instant E”) in Daejeon E and F.

B. Around January 24, 2017, the Defendant and D agreed to transfer the instant marina business to H to KRW 83 million (a security deposit of KRW 30 million and the value of goods and materials). First, the Defendant and D agreed to deliver the instant marina business to H around January 25, 2017, with a lease contract of KRW 30 million, monthly rent of KRW 30 million, KRW 3 million, and KRW 3 million for a two-year period (Evidence 8). The instant marina agreed to deliver the instant marina around January 25, 2017.

C. Around January 25, 2017, H completed the repair work upon delivery of the instant marina and completed the construction work, and H made it an open date from February 2017 to February 1, 2017, and promoted the front door of an open primary exercise, and started the instant marina business. D.

The Plaintiff received a request from H to supply goods to the instant marina, known as a transaction relation, and supplied rice and miscellaneous rice equivalent to KRW 9,062,50,00, from February 7, 2017 to February 25, 2017.

E. D remitted 4 million won to the Plaintiff on February 28, 2017, which was appropriated for partly repaying the price of the goods.

F. However, on March 14, 2017, H was unable to take over the instant marina, and the Defendant and D directly operated the instant marina by being transferred from H on or around March 14, 2017.

G. On March 15, 2017, the Defendant received rice, etc. equivalent to KRW 51,500, and KRW 1,350,000 from the Plaintiff around March 24, 2017, and paid the amount to KRW 1,350,00,00 to the Plaintiff respectively. The Defendant remitted the amount to the Plaintiff as KRW 51,50,00 on March 24, 2017, and the amount to be paid to the Plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence 2, Eul evidence 3-1 to 8, Eul evidence 1-1 to 4, Eul evidence 2-5, Eul evidence 6-1, 2, Eul evidence 7-12, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts.