Of the judgment of the first instance, the part against the defendant shall be revoked.

The plaintiff's claim corresponding to the above cancellation is dismissed.

Basic Facts

The defendant is a company with the purpose of manufacturing and selling bread, manufacturing and selling baking, and baking management business under the brand name of "C".

On February 23, 2017, the Plaintiff’s broker, who is an employee of D (hereinafter “D”), managed “F point” between the Defendant and the Plaintiff on February 23, 2017 (hereinafter “instant store”) and sold the Defendant’s product and, in return, sold the Defendant’s product and KRW 100,000,000 to the Defendant as a result, whether the contract is gold performance bond or facility cost is unclear.

There is no provision about KRW 100 million in the contract of this case to be paid by the plaintiff, and there is no provision regarding the nature of the amount.

B. The Defendant entered into a consignment contract (hereinafter “instant contract”) with the terms that the Plaintiff shall pay the Plaintiff the settlement amount after deducting the fees, the head office management expenses, etc. from the Plaintiff’s sales proceeds.

The main contents of the instant contract are as follows.

The purpose of Article 1 (Purpose) is to designate the Plaintiff as a consignment manager related to the progress of the G department store and to prescribe all matters concerning the management and sale of goods, thereby faithfully performing them with mutual cooperation and trust.

The term of contract under Article 2 (Period of Contract) shall be from February 23, 2017 to February 22, 2018.

The term of validity of this contract shall be determined between one year from the date of conclusion of the agreement, and shall be the same as the progress period of the department store in Ansan G.

In the absence of a separate agreement between the defendant and the plaintiff three months prior to the expiration of the period, the period shall be automatically extended for one year, and thereafter, the period of the agreement shall be extended (recontract) by the same method.

Article 3 (Deposit for Performance of Contract) The defendant shall issue a settlement after first settlement from sales to the defendant with a deposit for contract performance, if there remains a settlement, such as debts and damages that the plaintiff bears to the defendant at the time of termination or termination of the consignment contract.