1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Plaintiff is a company whose main business is the electrical information and communications business and export and import business, and B is a company whose main business is the automobile export and import business.

C is the representative director of B, and the defendant is the director of B, who is involved in the conclusion of import agency contract between the plaintiff and B.

B. In around 2015, the Plaintiff and B entered into an import agency contract (hereinafter “instant contract”) with the content that B imports traffic trucks from China E Co., Ltd. (E) on behalf of the Plaintiff, and B pays 5% of the import price to the Plaintiff as import agency fee (hereinafter “the instant contract”).

The main contents of the instant contract are as follows.

Article 1 (Definition of Products) A (referring to the plaintiff; hereinafter the same shall apply) shall, at the request of B (referring to B; hereinafter the same shall apply), import by proxy the following products under the name of A:

Sales Model: The engine type of traffic truck: Cumminmins IS 2.8 engine, and other number of passengers: the year of manufacturing traffic truck (2-5 passengers): 2015 and Article 6 (Commission for Agency and Cost-Bearing, etc.) of the vehicles manufactured thereafter.

1. Eul shall pay 5% of the import price of the product (the amount specified in P/I) and the import price of the product (other than customs duties and value added taxes) to Gap as an import agency fee within one month after the product entered at the port of loading and unloading, and if the payment is not completed within the time limit, Eul shall pay to Gap additional amount by multiplying the number of delayed days by 1/100 of the unpaid amount.

3. A bears the responsibility for direct payment of the cost of issuing a credit (interest, fee), maritime freight and insurance premium.

Provided, That the maritime fares and insurance premiums shall be settled at actual expenses when a B pays the import agency fee to A pursuant to paragraph (1).

4.All taxes, such as customs duties and surtax on any incidental costs other than those under paragraph 3 (including, but not limited to, the storage costs of warehouses, customs funds and ancillary costs), and products, shall be liable to pay them.