1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Basic facts

A. The Plaintiff was entrusted with the transportation of fireworks operated by the Defendant from the end of 2011 to December 2, 2014, and performed the transportation to the Incheon Coast Guard C Co., Ltd.’s joint market at the arrival of the ship without intention.

B. When the plaintiff was found to be fireworks from the defendant on the arrival of the ship, the plaintiff measured the weight, and loaded the vehicle on the vehicle, and prepare and deliver a booming weight to the defendant.

After that, in the joint wholesale market of the C Cooperatives, the flowers's weight is re-listed, and the sales proceeds are directly transferred to the defendant's passbook, and the quantity and price of the fireworks sold shall be entered in the fishery products sale record book.

The plaintiff is paid 8 to 10% of the sales proceeds from the defendant as the fee.

C. The number of fireworks in the course of carriage from 40 km up to 50 km up to 2 km per box may increase the weight of 1 box.

In other words, the weight of fireworks with the limit of 40 km at the time of loading may increase from C.C. joint markets to 42 km.

The amount that the Plaintiff is to receive from the Defendant is KRW 6,51,500 (transport cost of KRW 13,688,200 - advance payment of KRW 2,267,700 disposed of by the Plaintiff to the Defendant at a place other than a cooperative joint wholesale market - advance payment of KRW 9,431,00,00, which the Plaintiff pays to the Defendant for KRW 2,267,70,00,000, between November 1, 2011 and December 2014 - deposit amount of KRW 14,30,000).

[Ground of recognition] Facts without dispute, testimony of witness D, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a case where the plaintiff combines another person's flowers to the defendant's fireworks and transports it to the C Union joint market.

In this case, if the plaintiff puts all the above fireworks to auction in the name of the defendant, the proceeds from the sale are deposited into the defendant's account, so the defendant gains the profit of others as much as the proceeds from the sale of fireworks.

On the other hand, the plaintiff has settled the price of the defendant's fireworks mixed with the other person's fireworks and paid the price to him.