1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The relationship between the parties (1) was paid by the Defendant to the company operating a “Gmarket (www.g.co.co.k.)”, which is a trade space of goods and services on the Internet, called the so-called open market, as the transaction space of goods and services. In addition, the Defendant received from the selling member the service user fee ( approximately KRW 6-12% of the selling price for each product, approximately 7% on an average of the sales price), which is the price for the use of the Gmarket system.

(2) The Plaintiff is a corporation whose main business is to carry on the Internet distribution business using the website called “nive seacom.”

The Plaintiff joined as a sales member of the Gmarket from January 2006 to December 2009 and sold goods to many unspecified buyers through the electronic commerce system of the Gmarket provided by the Defendant.

B. (1) At the time, the Plaintiff entered into a contract with the Defendant on the price of the Plaintiff’s goods, service charges, and the method of settling the price of the goods through the terms and conditions for the use of the Gmarket sales service (hereinafter “instant terms and conditions”). The main contents of the instant terms and conditions are as follows.

(2) Article 2 (Duty of Drawer Management) amended on June 1, 2006

3. In the event of the conclusion of the sales contract through the Gmarket, eurr shall endeavor to complete the sales contract in good faith to the buyer as a seller.

Article 3 (Standards for Settlement of Products, Sales Price, and Service Charges)

1. The sales price of the goods shall be determined by the eurler on his own, taking into account the settlement standard price of the goods sold by the eurler (if it is similar to the supply price commonly used in commercial transactions on a daily basis to be indicated concurrently), delivery costs, and G market system usage charges, etc.

2. The Company may change the user fee of the Gmarket system through the public notice, depending on the circumstances.

3. System usage charges.