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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs the wholesale and retail business of publications under the trade name of “C”, and the Defendant is a person who runs the retail business of publications under the trade name of “D book store.”
B. On August 29, 2006, the Plaintiff entered into a regional total sales contract (hereinafter “instant contract”) with the Defendant to supply the publication issued by the Plaintiff to the book stores operated by the Defendant. The main contents of the contract are as follows.
Article 2 (Obligation) “A” shall not delegate any right of sale due to sale, business agency, or sales agency to a person other than “B (Defendant)”, and “B” shall have the following obligations:
5. “B” shall do its best to the management of regional guns and stores in order to achieve the sales objectives assigned by “A” and shall not return more than 30 per cent of the total delivery volume at the time of return of annual settlement of accounts.
Article 4 (Entrusted Goods Management) “B” shall perform the duties of a manager in the management of publications entrusted by “A”, and shall not be stained when returning un sold publications to “A”, and the amount in excess of 30% of the total delivery quantity shall be borne by “B” and “B” shall be responsible for the storage and management of the consigned materials.
Article 5 (Return of Entrusted Articles)
1. The return of consigned goods shall be notified to “A” in consultation between “A” and “B” in accordance with the current status of sale.
C. While the Plaintiff and the Defendant continued transactions under the instant contract, they settled the Plaintiff’s outstanding receivables at KRW 4,974,725 as of September 30, 2009.
Then, the defendant paid 500,000 won to the plaintiff as the price for the goods.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, and 9, the purport of the whole pleading
2. Summary of the parties’ assertion
A. As of September 30, 2009, the Plaintiff’s balance of the outstanding amount is KRW 4,974,725.
After that, between October 22, 2009 and January 8, 2013, the Plaintiff added a total of KRW 6,080,50 to the Defendant.