1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the court cited the judgment of the court of first instance concerning this case are stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the defendant's assertion by the court of first instance, and thus, they are quoted as it is in accordance with the main sentence of Article

2. Additional determination

A. (1) The Defendant’s assertion on the claim for damages arising from the violation of the Fair Trade Act (hereinafter “Fair Trade Act”) was prohibited under the Monopoly Regulation and Fair Trade Act, and the Plaintiff forced the Defendant to use its trade position in an unfair trade practice, thereby forcing the Defendant to purchase the sales target and purchase, and made a conditional transaction under the condition that the transaction region and the trading partner unfairly restrict the transaction partner. The Plaintiff committed a resale price maintenance that prevents transactions at the Internet shopping mall below a certain minimum price.

The defendant suffered losses of 100 million won or more due to the above unfair trade practices and resale price maintenance, and thus the plaintiff's claim of this case cannot be accepted as abuse of rights.

(2) First of all, there is no evidence to deem that the Defendant’s alleged unfair conduct is related to the Plaintiff’s claim for the instant goods payment, and that the Defendant suffered any damage therefrom.

Furthermore, as to whether there was a “voluntary purchase”, which is an act of compelling the other party to purchase the goods or services that have no intent to purchase from one type of unfair trade practices under Article 23(1)4 of the Fair Trade Act and Article 36(1)6(a) and (c) of the Enforcement Decree of the same Act, and whether there was a “voluntary sale”, which is an act of compelling the other party to purchase the goods or services supplied by him/her to achieve the goals of trade related to the goods or services supplied by him/her, the descriptions of the evidence Nos. 1, 2, and 3 submitted by the Defendant alone.