1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On July 16, 2015, the Plaintiff received an order for payment of KRW 81,651,420 from the Seoul Eastern District Court Decision 2015 tea4258 to KRW 81,420 as well as damages for delay against Nonparty Incorporated Co., Ltd. (hereinafter “Nonindicted Company”). The payment order became final and conclusive around that time.

B. On December 1, 2015, the Plaintiff, as the executive title of the above payment order, was issued a seizure and collection order by designating the debtor as the non-party company and the third debtor as the claim amounting to KRW 86,894,170 based on the above payment order, and the above collection order was served on the Defendant on December 3, 2015.

C. Meanwhile, the Defendant agreed to the effect that, around March 16, 2016, the company selling clothing, etc. under the trade name of “D,” which is the exclusive garment brand of C Co., Ltd. (hereinafter “C”), “the Defendant entrusted the manufacture and processing of clothing to the non-party company,” and the non-party company made the product and supplied the home shopping retail chain to “C,” the Defendant would pay the remainder after deducting brand fees, service fees, and all other expenses from the sales proceeds.”

(hereinafter “instant agreement”). D.

From March 16, 2015 to December 2015, Nonparty Company provided the Defendant with clothing, etc. equivalent to the total supply value of KRW 401,09,922. The Defendant sold the clothing, etc. supplied to Nonparty Company via C in total of KRW 572,681,50 and paid KRW 261,101,641 to Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion: 303,396,536 won for the amount of unpaid goods that the defendant has to pay to the non-party company (=401,09,922 won for supply of the non-party company - 24,065,95 won for brand use fee (6% for brand use fee) - 73,637,391 won for various deductions, but the defendant merely paid only KRW 261,12,254 for the difference.