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. Basic facts

A. On April 6, 2012, the Plaintiff issued a letter of credit with 50,00 U.S. dollars to a national bank in order to import sirens from DNS GlobalINC (DNS GALBALINC hereinafter “DS”).

B. On April 15, 2012, the Plaintiff received two copies of a bill of lading and two copies of a certificate of origin as to two sirens of container (36,612kg) from DNA on April 15, 2012, and two copies of a description of goods and two copies of a invoice on April 16, 2012 following the date.

C. Around April 26, 2012, the Plaintiff issued a document, such as a bill of lading, to the Defendant via C.

On May 26, 2012, the defendant, using the above documents, cleared and delivered sirens and sold them at the auction on the Amdong Agricultural and Fishery Product Market on May 29, 2012.

E. As of May 30, 2012, the Plaintiff issued a tax invoice of KRW 59 million to the Defendant, and the Defendant transferred to the Plaintiff a total of KRW 22 million on June 16, 2012 and KRW 22 million on July 30, 2012.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Gap's 6 through 10, and the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant intended to import and sell sirens from DNA.

However, around March 2012, as the defendant's agent is insufficient to open a credit for import, C and D, which are the defendant's agent, concluded a sales contract with the plaintiff to pay to the plaintiff an amount equivalent to 5% of the price of the sirens and the price of the credit in return for the issuance of the credit, if they were to open a credit under the name of the plaintiff and import the sirens from DNA and deliver them to the defendant.

According to the above contract, the plaintiff delivered a siren to the defendant by delivering the bill of lading, etc. through the import procedure, such as the issuance of the letter of credit.

Therefore, the defendant shall make a payment to the plaintiff 5.