1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a merchant who engages in wholesale and retail business of clothing, shoes, etc. with the trade name of B, and the Defendant is a company with the purpose of wholesale and retail business of clothing, shoes, etc., import and export business.

B. On May 22, 2013, the Plaintiff decided to purchase clothes, shoes, etc. from the Defendant (hereinafter “instant sales contract”) and paid KRW 6,000,000 as part of the price (hereinafter “the instant money”).

C. On May 24, 2013, the Defendant supplied the Plaintiff KRW 1,158 of the instant sales contract and KRW 31,948,180 of the instant goods. On the same day, the Plaintiff paid KRW 29,400,000 out of the said goods to the Defendant.

C. In addition to the instant sales contract, the Plaintiff purchased 215 child files from the Defendant, and failed to pay KRW 85,800 out of the price, and returned 14 out of the supplied child files amounting to KRW 202,00.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 5, 8, Eul evidence No. 9-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. At the time of entering into the instant sales contract, the Plaintiff’s assertion did not determine the volume of the subject matter to be traded, and that only 1,158 clothes and shoes were purchased after entering into the contract, and the volume was determined.

The instant money is an advance payment paid on the premise that the Defendant has a continuous transaction relationship with the Defendant. Of the goods purchased from the Defendant, the Defendant would not engage in any transaction any longer with the Defendant. As such, the Defendant is obligated to return KRW 3,566,220 [3,56,20 [3,00,000 - (31,948,180 - 29,400,000) - KRW 85,80,200] remaining after being appropriated for the unpaid goods out of the said advance payment.

B. Upon entering into the instant sales contract, the Plaintiff agreed to purchase 1,845 clothing and 57,661,670 won from the Defendant, and subsequently, 1,798 goods were prepared due to the Defendant’s inventory circumstances.