1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The reasons for this part of the underlying facts are as stated in Paragraph (1) of the judgment of the first instance, except that the reasoning for this part is as follows: (a) “Defendant of an individual” in the second page 10, 11, and 14 of the judgment of the first instance as “Defendant”; and (b) “by December 12, 2019” in the first instance judgment as “by December 22, 2018”; and (c) it is identical to that of Paragraph (1) of the judgment of the first instance, and thus, shall be cited pursuant to the main sentence of Article 420

2. The assertion and judgment

A. The summary of the parties’ assertion 1) Plaintiff (1) concluded a contract for the supply of clothing separately with the Plaintiff, taking into account the terms and conditions stipulated in the contract for the supply of clothing that was concluded between D and D, and the Plaintiff was produced and supplied by the Plaintiff. The Plaintiff seeks payment of the price for the instant clothing under the above contract for the supply of clothing. In selectively, the Plaintiff is in the position of commission agent in that: (i) even if the Defendant could not be deemed to have concluded the contract for the supply of clothing directly with the Plaintiff, the Defendant entrusted the goods to the Plaintiff and traded with D in the name of D; and (ii) the Plaintiff sought payment of the amount equivalent to the instant clothing price according to the commission agent’s warranty liability under Article 105 of the Commercial Act, based on the sales agent’s warranty liability under Article 105 of the Commercial Act.

B. Of the Plaintiff’s above assertion, the lower court should first determine as to the Plaintiff’s warranty liability for performance.

1) A commission agent is engaged in the business of selling and selling goods in his name (Article 101 of the Commercial Act). A commission agent directly acquires rights from a contracting party to a consigned sale and purchase (Article 102 of the Commercial Act). A commission agent’s goods acquired by a commission agent from sale and purchase shall belong to the principal in relation to the principal (Article 103 of the Commercial Act). In addition, the commission agent shall belong to the principal even if the other contracting party fails to perform his/her obligation.