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.

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of publications, such as a monthly publication, reference letter, and short letter, with the trade name of “C,” and the Defendant is a person who engages in retail business of publications with the trade name of “E” in Seoan-gu, Seoan-gu, Western-si.

B. On October 2007, the Plaintiff and the Defendant concluded a regional total sales contract that the Plaintiff would supply publications to Defendant E (hereinafter “the instant contract”).

The main contents of the instant contract are as follows.

Article 1(Purpose) “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall perform duties smoothly and promote mutual benefits by having “B” (the Defendant refers to the Defendant; hereinafter the same shall apply) perform duties of distribution, sale, management and collection on behalf of others in order to expand the dissemination of publications issued by “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply).

Article 2 (Duties) “A” shall not delegate a sales right due to sales and business agency services to any person other than “B”, 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.

2. “A” and “B” shall, upon the termination of their transactions, complete the return and completion of the adjustment within three months by either “A” and “B”.

3. If the sale of a new mal, a single mal, etc. is poor, the sales period shall be determined by agreement between "A" and "B".