1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Summary of the parties' assertion

A. On April 11, 2016, the Plaintiff entered into an exchange agreement with the Defendant on the terms that the Plaintiff would deliver the Plaintiff’s 413 Edidices 413 unit to the Defendant and receive clothes from the Defendant. Accordingly, the Plaintiff supplied the Defendant with Adidice 413 unit on the same day.

Nevertheless, the Defendant did not provide the Plaintiff with the clothes according to the above exchange contract, and did not return the 413 unit of Adddio Sys Nos. 413.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 15,694,00 (=413 x 38,000 per 1) equivalent to the market price of 413 Eddives Sys No. 413 x 31 x 38,00 per 1).

B. Defendant 1’s receipt of IDs from the Plaintiff is not based on an exchange contract but due to the fact that the Defendant was entrusted with new sales upon the Plaintiff’s request. The Defendant’s receipt of new sales is not 413, but 370,000.

② Even if there exists an exchange contract between the Plaintiff and the Defendant, in principle, if the contract is terminated, the Plaintiff is entitled to seek only the return of the original property to the Defendant, and other damages must be proved.

2. Judgment on the parties' arguments

A. On April 11, 2016, the Plaintiff sent the Defendant’s director C’s answer to “D,” and the Plaintiff sent the Plaintiff’s answer to “A again to “A” and sent C the address to receive clothes, etc. from the Defendant, “A” and “C sent the following answers: (a) on April 11, 2016, the Plaintiff sent to the Defendant’s director “C” as “D; (b) around 19:42 of the same day, the Plaintiff sent the letter to C, “Seoul,” and “C sent the letter to receive clothes, etc. from the Defendant; and (c) sent the letter “C” and “C sent the letter to 20:27:27:0 of the same day, the Plaintiff sent the letter “F.M. 40 S. 413,” and the Defendant received from the Plaintiff.