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. Facts of recognition;

A. On March 201, 201, the Plaintiff, who runs the book wholesale and retail business with the Defendant, whose business purpose is the book publishing business, etc., entered into a contract with the Defendant to supply the books produced by the Defendant, such as the first school science factoring principle, to the Plaintiff, and the Plaintiff entered into a contract with the content that the Plaintiff would purchase the said books and sell them in the tolerance city (hereinafter “instant contract”).

B. The Plaintiff and the Defendant agreed to terminate the instant contract around September 2017, while trading under the instant contract.

Around October 2017, the Plaintiff returned to the Defendant the inventory books previously supplied to the Defendant, and the Defendant paid KRW 5,00,000,000 to the Plaintiff on January 2, 2018, and KRW 4,032,260 on January 31, 2018, respectively, and returned to the Plaintiff on May 9, 2018, the Plaintiff again returned to the Plaintiff the right of KRW 162, out of the returned books.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. According to the purchase ledger (Evidence A 3) prepared by the Plaintiff’s assertion, the Plaintiff is obligated to pay to the Plaintiff the settlement amount of KRW 11,365,260, which the Plaintiff should receive from the Defendant upon termination of the instant contract, so the Defendant is obligated to pay the settlement amount of KRW 2,33,00 (=11,365,260 - 5,000 - 5,000,000 - 4,032,260).

B. The Defendant’s assertion (1) According to the instant contract, the ownership of the instant books was transferred to the Plaintiff, and the Plaintiff did not have the right to demand the return of the said books.

(2) Since the instant book was publicly notified by the Defendant that only the Defendant would allow the return of the said book to the price increase, the right to return the said book, which has expired, cannot be returned by the Defendant.

(3) According to the trading ledger prepared by the Defendant (No. 2-2), the Defendant’s settlement amount to be paid to the Plaintiff is KRW 9,032,260, and the Plaintiff received the full amount of the said money by January 31, 2018.