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. Facts of recognition;

A. The Plaintiff is a trade company located in the U.S. Japan-Japan. The Defendant is a small and medium enterprise cooperative established pursuant to the Framework Act on Small and Medium Enterprises for the purpose of the sound development of the tobacco industry and the promotion of mutual welfare among its members. The Defendant is one of the end-user organizations (a federation of large-scale processing enterprises) subject to the allocation of import rights of food farms, which are the controlled items of the Korea Food and Drug Trade and Trade Corporation, on the quantity of TRQs Quats, the TRQs under the FTA agreement, and the quantity of conventional tariffs in excess.

B. On August 26, 2014, the Plaintiff issued an estimate invoice (provoking of August 26, 2014) to C (hereinafter “C”) with the content that the Plaintiff supplied USD 2,500 tons per ton of U.S. dollars 766 per ton of a unit price, USD 1,915,000 per to a total price, and USD 1,915,000 per ton of a credit with the impossibility to cancel payment terms and conditions of payment. (C) On March 7, 2015, the Defendant offered a designated competitive bid with regard to “cases on the import of the FTA of 2015,” and C was awarded a successful bid with the Defendant for the supply of KRW 1,390 per ton of a unit price to the Defendant, and Defendant and C entered into a foreign capital purchase agreement with the Defendant on April 1, 2015 as follows (hereinafter “foreign capital purchase agreement”).

The defendant (hereinafter referred to as "A") shall be the purchaser, and C (hereinafter referred to as "B") shall be the contractor, and a contract for the purchase of bean (hereinafter referred to as "foreign") for the manufacture of two parts shall be concluded as follows:

Article 1. The details of foreign capital that the “A” purchases from “B” under this Agreement shall be as follows:

1. Name of the commodity: The rise;

2. Quantity: 1,390 tons;

3. Price terms: the price for the good is USD 743.00M/T (if any change may be made according to the local circumstances), 940 won per km, regardless of the exchange rate change, the price for the good, and the end-user.