1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a stock company that runs the business of manufacturing and selling Ansan and Ansan, and the Defendant is a person who actually operates an individual business with the trade name of “C”.

The co-defendant B of the first instance trial is a person who is marked as the representative in the business registration certificate of the above C.

B. Around May 2013, the Plaintiff received orders from the Defendant, who introduced himself as the representative of “C”, the Plaintiff issued 4,000 delivery, attaching D’s trademark D’E.

Accordingly, on May 20, 2013, the Plaintiff supplied a number of 4,000 Gigles as designated by the Defendant’s branch home shopping distribution center.

The Plaintiff and the Defendant decided to sell the above glass in 148,000 won per unit via S. Home shopping, and the price for supply supplied by the Plaintiff to the Defendant was set at 48% of the unit price of sale.

(hereinafter) As above, the letter delivery contract entered into between the Plaintiff and the Defendant (hereinafter “instant supply contract”).

The Defendant sold 148,00 won per unit pursuant to the initial arrangement from the primary broadcast in S. Home shopping, but sold 78,050 won and 75,880 won by lowering the selling unit price after the second broadcast.

Accordingly, the Plaintiff requested the return of the letters that have not been sold to the Defendant, and the Defendant returned 3,125 letters to the Plaintiff three times from August 6, 2013 to March 6, 2013.

The defendant returned the writing on the basis of the payment of the transportation cost, and the plaintiff received the returned writing on the basis of the payment of the transportation cost, and paid the transportation cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s supply price of KRW 62,160,00 to the Plaintiff’s writing 875 (=4,000 - 3,125) supplied to the Defendant (=71,040 x 875 x 875 x the total of KRW 48% agreed with the first sale price) and the transport cost of return 418,000.