1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Basic Facts

The defendant is a company that manufactures and sells milk products, beverages, etc. such as Si milk, fermentation milk, powder milk and chees, and supplies products to consumers through 1,800 large distribution stores or general retail stores throughout the country or supplies products to consumers through convenience stores.

The Defendant’s agency is classified into subdivisions, coffees, milk, fry, fry, and beverage agents by item. Of the milk agencies dealing with the cryp and fermentation milk, the market agency is engaged in the wholesale transaction, which is supplied by the Defendant to the general retail store on its own account, and at the same time, supplies the goods to the large distribution store on the Defendant’s account.

On September 1, 2011, the Plaintiff entered into an agency contract with the Defendant and operated a market agency from among milk agencies in Young-si B, and entered into a sales agency contract with the Defendant for about 11 months from around that time to July 31, 2012. The Plaintiff’s agency contract was terminated by transferring the agency business to C on July 31, 2012, and entering into a new agency contract with C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, Eul evidence No. 3, the purport of the entire pleadings, and the purport of the whole pleadings, and the fact that the plaintiff paid the defendant a deposit of KRW 5 million at the time of concluding an agency contract, and the above deposit was received to secure the defendant's product costs, equipment costs, and other obligations against the plaintiff (see Article 12 of the agency contract). The fact that the plaintiff paid the defendant a product price of KRW 3 million by mistake after the agency contract is terminated can be acknowledged by taking into account the whole purport of arguments or all of the arguments. Thus, unless there are special circumstances, the defendant is liable to pay the plaintiff KRW 8 million (the deposit of KRW 5 million exceeding the deposit of KRW 5 million).

On the other hand, No. 1, No. 3, No. 4, and No. 2.