2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a company operating passenger transport business and passenger transport business, and the Defendant is a company operating large retailer business.

B. On September 10, 2009, the Plaintiff entered into a terminal operation entrustment agreement (hereinafter “instant operation entrustment agreement”) with Gwangju Terminal Co., Ltd. (hereinafter “Maju Terminal”). The main contents thereof include that Gwangju Terminal entrusts the Plaintiff with the sales of tickets, passenger transport-related services, and operation and management of facilities, such as waiting rooms and bus parking lots, located in Gwangju City 25-3 (hereinafter “instant terminal”).

C. The instant operational consignment agreement is renewed around September 2014 and remains effective until September 9, 2019.

On the other hand, the Defendant entered into a sales contract on part of the instant terminal with Gwangju Terminal in order to secure the site for the marina store around October 2007, and operates the e-mail luminous point from September 27, 2009 to the above part.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, purport of whole pleadings]

2. The parties' assertion and judgment

A. At the time of concluding the instant operation consignment agreement, the Plaintiff agreed to rent and use the instant terminal’s facilities from Gwangju Terminal at the time of the conclusion of the instant operation consignment agreement, and actually paid monthly rent, and the Defendant occupied and used the instant terminal exclusively. The Defendant infringed the Plaintiff’s right to possess and use the instant site without permission. As such, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent due to using the instant site, and the Defendant shall not occupy and use the instant site. Accordingly, the Defendant asserted that the instant operation consignment agreement is a kind of delegation contract that entrusts the instant terminal’s operation business.