1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On March 23, 2016, the Plaintiff entered into a contract on the premium for commercial building lease (hereinafter “instant transfer contract”) with the Defendant to acquire all tangible and intangible property value at KRW 50 million, such as business facilities, equipment, customers, credit, business know-how, business profit-how, and business interest in accordance with the location of the commercial building, from the Defendant of Gangdong-gu Seoul Metropolitan Government (hereinafter “E”), and paid the said payment to the Defendant by May 3, 2016.

B. The Plaintiff and the Defendant prepared a contract at the time of the conclusion of the transfer contract of this case, but did not specify business facilities, equipment, etc. which are the object of transfer.

C. Meanwhile, at the time of operating the instant car page, the Defendant operated a separate business entity with the trade name of “(F)F” (hereinafter “F”) in one space of the car page, and operated a business of purchasing goods that consumers want to purchase on behalf of their overseas sales.

The Defendant, as above, sold goods purchased from abroad to KIKO visitors by selling them or by sending them by door-to-door services upon receiving orders from the Internet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 47, 48, Eul evidence Nos. 1, 2, 3, 7, 8, 9 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Defendant failed to obtain from the Defendant the goods indicated in the sequence 1 to 8 of the following table among the sales expense goods of the instant car page. Since the Plaintiff was not notified of the defect regarding the goods indicated in the No. 9, the Defendant is obligated to pay the Plaintiff the sum of the values of each item in the amount of KRW 2,473,00 as unjust enrichment or damages

1,800,000 2 Mason cleaning machines 1,000 Masson 1,800,000 toy 3 Masson cleaning machines.