1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).

1. In the first instance court’s trial scope, the Plaintiff filed a claim for the agreed amount as the principal lawsuit, and the Defendant filed a claim for damages as a counterclaim. The first instance court partly accepted the Plaintiff’s claim on the principal lawsuit, and dismissed the remainder of the principal lawsuit and the Defendant’s counterclaim.

Accordingly, since the defendant filed an appeal against the part concerning the counterclaim among the judgment of the court of first instance, the judgment of this court is limited to the part concerning the counterclaim claim of the defendant.

2. Basic facts

A. The Plaintiff is a person who operates a mobile phone sales store in the name of "C" in Seoul Jung-gu, Seoul, and the Defendant is a company that operates a mobile phone wholesale sales business on commission.

B. On March 2, 2013, the Plaintiff entrusted the Plaintiff with the business entrusted by the Defendant and the sales of mobile phone devices, etc. related thereto, and entered into a consignment contract with the terms that the Plaintiff, after selling the aforementioned devices, etc. to the consumers, sold them to the consumers, and then is to receive the settlement amount, such as sales commission, from the Defendant at the end of the following month (hereinafter “instant consignment contract”). The main contents related to the instant case are as follows.

Article 2 (Management of Terminals) and (Management of User Contracts) A (Defendant) may charge B (Plaintiffs) the relevant costs for the matters falling under any of the following subparagraphs, and B (Defendants) shall be liable for 100% of all the affairs and costs incurred in relation to each subparagraph:

(1) The loss or loss of a device and the loss room (2) The return delay after the lapse of two months after the supply shall be provided to B in the form of “unit price sheet” with regard to the monthly business plan, and Eul shall be sold in accordance with the unit price sheet.

All matters that may be caused by business activities between A and B shall be as follows:

(hereinafter) Article 4 (Provisions on Settlement of Accounts) A shall settle sales commission and sales proceeds with respect to the products sold by B.

The settlement work is conducted through the mutual verification work between A and B.