1. Revocation of a judgment of the first instance;

2. From March 2, 2013 to January 27, 2014, the Defendant paid KRW 7,489,200 to the Plaintiff as well as to the Plaintiff.

1. The following facts may be acknowledged in light of the following facts: there is no dispute between the parties; the defendant does not clearly dispute this; or the whole purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence No. 1.

The plaintiff is a person engaged in the business of distributing earth and chickens, which links with a producer of earth and chickens, and the defendant is a person engaged in the wholesale and retail business of earth and chickens in the trade name of "C".

B. The Plaintiff traded with the Defendant from June 2012 to February 2013. The form of the transaction was concluded between the Plaintiff and the productive farmer, respectively, and between the Plaintiff and the Defendant. If the productive farmer, who can supply the chickens, was found to have known the Defendant of the fact that the productive farmer was found to the Defendant, the Defendant was found in the productive farmer, and the purchase price was paid to the Plaintiff, and the Plaintiff was paid to the productive farmer, respectively.

C. D was supplied with earth and sand equivalent to KRW 4,368,00 on December 18, 2012, equivalent to KRW 3,360,00 on December 24, 2012, equivalent to KRW 4,650,00 on December 24, 2012, equivalent to KRW 4,650,00 on December 29, 2012, equivalent to KRW 3,019,200 on January 5, 2013, equivalent to KRW 3,019,20 on January 5, 2013, and KRW 4,470,00 on January 11, 203.

(hereinafter referred to as “each of the instant transactions” in combination with the said five-time transactions.

The Plaintiff paid the sales amount equivalent to the above amount to each of the above producers, and received respectively the money from the Defendant as KRW 4,368,00 on December 24, 2012 (the purchase price as of December 18, 2012), KRW 3,360,000 on January 1, 2013 (the purchase price as of December 24, 2012), and KRW 4,650,00 on January 9, 2013 (the purchase price as of December 29, 2012).

2. The parties' assertion

A. The Defendant paid to the Plaintiff only the purchase price as of December 18, 2012, February 24, 2012, and December 29, 2012, among the purchase price under each of the instant transactions, and the Defendant did not pay to the Plaintiff KRW 7,489,200, in total, KRW 4,470,00 as of January 5, 2013, and KRW 3,019,200 as of January 11, 2013.

Therefore, the defendant shall pay 7,489,200 won to the plaintiff and the plaintiff.