1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. The party's assertion as to the cause of the instant claim

A. The Plaintiff’s assertion is a supplier of goods that supplies cosmetics to the Defendant, and if the Plaintiff supplies cosmetics to the Defendant, the Plaintiff entered into a cosmetic agency transaction agreement with the Defendant that mainly sells the cosmetics and pays the price to the Plaintiff, and paid a bounty to the Defendant for sales promotion, etc.

However, the defendant did not pay the price of cosmetics supplied by the plaintiff to the plaintiff, and even though the plaintiff notified the payment for a reasonable period of time, the defendant did not perform its duty to pay the price. The defendant violated the provisions of the above agency transaction agreement, such as prohibition of illegal or unfair conduct, prohibition of transfer to other companies including competitors, and prohibition of change to other companies. On the ground of the defendant's violation of the above agency transaction agreement, the plaintiff sent the defendant the intention to terminate the agency transaction agreement to the defendant.

On the other hand, with respect to the above agency transaction agreement, the Plaintiff received KRW 50,000,000 from the Seoul Guarantee Insurance based on the performance guarantee insurance policy that covers the Defendant and the insured as the Plaintiff.

Therefore, the Defendant ought to pay KRW 67,870,080, which deducts KRW 50,000,00,000 from the total of KRW 117,870,870,000 and the amount of incentives of KRW 16,403,00,00 for cosmetics that the Plaintiff supplied to the Defendant.

B. The Defendant’s assertion that the Defendant’s agency transaction agreement between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant (including the Defendant’s assertion that B was aware of the fact that the said agency transaction agreement was concluded in the Defendant’s name) and that B bears the responsibility for the Plaintiff upon the termination of the said agency transaction agreement. However, the Defendant is not a party to the said agency transaction agreement.