1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is a company engaged in trade agency business and electronic commerce business, and the defendant is a person who engages in trade business under the trade name of "B".

On January 2014, the Plaintiff and the Defendant entered into a contract for the supply of goods for export to overseas (hereinafter referred to as “each of the instant contracts”) around July 2015, and the content of the instant contracts relating to the instant contracts are as follows.

Article 4 [Contents of Non-Profit-Type Profit-Making Services] of the Non-Repacting-Type Services Contract (Service)

1. The e-ray account: the Plaintiff is delegated with the Defendant’s authority to provide and manage the log information and management of the e-ray account, and the detailed grade of the account is at least 1,000,000,000,000,000 or more, within the contract period.

2. Cumulative sales amounting to KRW 200 million: The Plaintiff’s cumulative sales amount through overseas online markets, upon delegation by the Defendant, can be at least KRW 200 million within the contract period from the contract commencement date.

3. Cumulative net profit of KRW 20 million: The Plaintiff’s cumulative net profit through overseas online market, as delegated by the Defendant, can be at least KRW 20 million within the contract period from the beginning date of the contract, under the name of the Defendant’s enterpriser.

4. Marketing education: The plaintiff shall operate the service efficiently during the contract period and run 12 times specialized education within the contract period so that the plaintiff can operate its business independently even after the termination of the contract period.

The relevant education shall be conducted by the plaintiff, and the defendant shall be obliged to complete the education guidance of the plaintiff in good faith.

Article 5 (Calculation Method of Net Income)

1. In order to calculate the cumulative net profit of the Plaintiff and the Defendant, the “e money system” operated by the Plaintiff shall be utilized.

2. The Plaintiff shall deposit KRW 10,000,000 in virtual money to “emer system” affiliated with the Defendant’s name.

4. The defendant.