The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. The Plaintiff, with the trade name of “C”, engaged in the wholesale and retail business of household goods, engaged in the transaction of supplying miscellaneous services, such as clothes, bags, etc., to E, who operated the instant marina (hereinafter “instant marina”) and continued the said transaction (hereinafter “the instant transaction”). From August 8, 2018, the Plaintiff and the Defendant who received the instant marina business, continued to engage in the instant transaction (hereinafter “the instant transaction”).

B. The Plaintiff continued the instant transaction by January 4, 2019 to the Defendant, and the amount that the Defendant failed to pay to the Plaintiff based on the instant transaction on the basis of around January 2019, including the payment obligations succeeded from E, is KRW 2,476,30.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 2,476,300 won for the price of goods for the transaction of this case and damages for delay.

B. On January 14, 2019, the Defendant agreed to terminate the instant transaction between the Plaintiff and the Plaintiff, and agreed to settle and return the goods not sold in the instant marina at KRW 5,220,654, and was paid the amount of KRW 2,744,354 (=5,220,654 - 2,476,300), which is the difference between the price of the goods and the price of the goods, and thus, the Defendant cannot respond to the Plaintiff’s claim for the price of the goods.

In full view of the aforementioned evidence and the purport of the entire pleadings, the Plaintiff entered into an agreement with the Defendant on January 14, 2019 to conduct an inspection of the goods supplied and sold by the Plaintiff in accordance with the instant transaction with the Defendant, and to receive the return of the goods and to settle the price of the goods not paid by the Defendant in proportion to the value of the goods returned (hereinafter “instant settlement agreement”) so that the Plaintiff entered into an agreement to offset the price of the goods not paid by the Defendant. Thus, the Plaintiff’s price of the goods to the Defendant.