2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

A. On July 6, 2011, the Plaintiff entered into a lease contract with EF&D Construction Co., Ltd. (hereinafter “EF&D Construction”) with the Plaintiff setting the 120,000 metric beamline to be used in the construction site for overcharge 163-3 of the children of Gangnam-gu Seoul (hereinafter “instant construction site”) from Gangnam-gu, Gangnam-gu, Seoul (hereinafter “instant construction site”). At that time, the Plaintiff handed over 52.744 tons of the sn beam beam to EFD Construction.

B. On August 3, 2011, the Defendant entered into a contract between EF&D Construction with the Defendant setting the 300 tons sn beam beam to be used at the instant construction site at KRW 120,000 per ton for the next three months. From September 28, 2011 to March 8, 2012, the Defendant handed over the 324.934 tons in total to EWD Construction.

C. From April 7, 2012 to September 7, 2012, the Defendant recovered the beam beam of 370.68 tons from the construction site of this case at the instant construction site.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1, 5, 6, 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. On September 7, 2012, the Defendant brought the beam beam of the instant case owned by the Plaintiff at the construction site of this case arbitrarily.

Therefore, the Defendant is obligated to deliver the sn beam beam of the instant case to the Plaintiff, and return unjust enrichment calculated by the ratio of KRW 70,325 per ton (i.e., 120,000 per ton in the next three months ± 3 months 90 x 52.744 tons) from September 7, 2012 to the delivery date.

When compulsory execution against the beam beam of this case is impossible, the defendant is obligated to pay to the plaintiff the amount calculated by the ratio of 70,325 won per day from September 7, 2012 to the delivery date of the copy of the complaint of this case (i.e., the unit price of 750 won per unit price of kg x 52,744 g) and the amount calculated by the ratio of 70,325 won per day from September 7, 2012 to the delivery date of the copy of the complaint of this case.

In preparation for the impossibility of compulsory execution by the plaintiff, the plaintiff's claim for this part.