1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C worked in “E” operated by D, and operated the so-called “SPEC” business to ensure that the Defendant’s sanitary intensity is supplied to the apartment construction site; and from August 1, 2014, C worked in “E (which appears to be different from D’s operation)” operated by the Plaintiff, and operated the aforesaid spectrum business.

B. The Defendant has provided incentives to the agents by discounting the supply price when the Defendant’s sanitary instrument agent conducts spectrum business against the construction company, etc.

[Ground of recognition] Facts without dispute, partial testimony of witnesses G of the first instance court, testimony of H of the party-trial witness, purport of whole pleadings

2. Around 2012, the Plaintiff’s employee C claimed by the parties had the Defendant’s product supplied to LHG I block, i.e., spectrum business, and in return, the Defendant’s sales agency was paid fees.

However, the Defendant did not recognize the Plaintiff as a spectrum and did not receive the commission from the agency. Accordingly, the Plaintiff suffered damages equivalent to the above fee.

Therefore, the defendant is liable to pay the amount equivalent to the fees to the plaintiff as damages.

B. The Defendant’s assertion IB had a spectrum business to be supplied to the Defendant’s products, not the Plaintiff, but the J Co., Ltd., and the Defendant provided incentives to J Co., Ltd.

In addition, the plaintiff did not engage in direct transactions with the defendant, but conducted business activities on behalf of the defendant's agency, and the price has been paid by the agency. Thus, the issue of whether to pay the fee is the issue of the agency.

The Defendant is not liable to compensate the Plaintiff for any damages arising therefrom.

3. We examine whether the Plaintiff conducted the spectrum in Iable block.

As shown in the plaintiff's argument, Gap evidence No. 2, witness G of the first instance trial, and witness of the trial.