The plaintiff's appeal and the selective claim added in the court of appeal are dismissed, respectively.

costs of lawsuit after an appeal are filed.

1. The following facts do not conflict between the parties, or may be found as a whole in the entries in Gap evidence Nos. 1, 6 through 9, and Eul evidence Nos. 3, 4, and 5, with the whole purport of the pleadings. A.

On August 201, the Plaintiff purchased approximately KRW 762,00 (hereinafter “the end of this case”) from F, such as the two-ways produced by E Co., Ltd. (hereinafter “E”) at around the beginning of August 201, approximately KRW 250 million ( KRW 330,00 per 1 met).

B. The Plaintiff, at the time of the said sale, stored in 13 warehouses, making it difficult to confirm the accurate quantity and quality of the end of the instant case. At the time of the said sale, the Plaintiff subsequently confirmed that it would then withhold the payment of KRW 10 million out of the purchase price for security until the confirmation, and paid KRW 240 million to F three times the remainder.

C. The Defendant sold 147,968 of the two ends of the instant case purchased by the Plaintiff as above at the store “D” operated by the Defendant and his husband’s co-defendant C (hereinafter “C”), and transferred KRW 46,281,560 (147,968 x 420 won) remaining after deducting the deposit money, human resources expenses, etc. of the warehouse kept at the end of the instant case from the sales proceeds at KRW 62,146,560 (147,968 x 420 won).

2. Summary of the parties' arguments

A. The Plaintiff’s assertion (1) that the Defendant sold part of the entirety of the horses of this case under the consignment sale contract with the Plaintiff that the Defendant sold the horses of this case and paid 420 won per satisfaction to the Plaintiff.

(2) However, as a result of the recent verification of the quantity of the end of the instant case, the total quantity was 761,804, and among which 294,932 remains, the Defendant is obligated to pay to the Plaintiff 149,804,690 won (196,086,240 - 46,281,560 won (196,086,240 won - 46,281,560 won) and damages for delay calculated by subtracting the amount of KRW 46,281,560 already paid out of the agreed amount under the consignment sales contract (761,804 - 294,932 x 420 won).

(3) The defendant is a commission agent at his option (which was added to the trial).