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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On December 15, 2014, the Plaintiff entered into a contract with the Defendant on the supply of goods (hereinafter “instant primary contract”) with the term of contract from December 15, 2014 to December 15, 2015, and was supplied by the Defendant with goods related to electronic tobacco.
The main contents of the instant primary contract are as follows:
Article 5 (Return of Goods) (1) “A” (hereinafter “A” refers to the Plaintiff; hereinafter the same shall apply) shall, in principle, be returned to “B” for all goods supplied to “B” (the Defendant refers to the Defendant; hereinafter the same shall apply), and “B” shall be returned.
(2) The terms "A" and "B" shall trade goods on condition of return according to a mutual agreement, and the expenses incurred in relation thereto, such as additional incentives, shall be calculated by mutual agreement.
Provided, That where goods are supplied under the condition of free return, "A" may be returned to "B" if the following causes for return occur:
(A) “A” may return to “B” any goods supplied to “B by no later than three months after the termination of the contract.
Article 7 (Payment of Price for Goods) (1) “A” shall be paid in cash on the last day of the following month after the closing of the goods supplied by “A” with “A” to the Customer of “A” (the net delivery of goods offseted by return).
Article 16 (Cancellation and Extension of Contract) (4) "A" and "B" shall notify in writing or by wire or in writing 30 days prior to the expiration date of the contract, of their intention to terminate the contract or to extend the contract, and the contract shall be automatically extended in the absence of such notification.
B. On December 22, 2015, the Plaintiff entered into a contract with the Defendant for the supply of goods by setting the contract period from January 1, 2016 to December 31, 2016 (hereinafter “instant secondary contract”).