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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Plaintiff’s request
A. The Plaintiff engaged in the business of manufacturing and selling the “electric machinery equipment for measuring multi-meter performance” (hereinafter “instant equipment”), and the Defendant supplied the Plaintiff with the machinery parts necessary for manufacturing the instant equipment.
On March 29, 2012, the Plaintiff concluded a lease contract with the lease deposit of KRW 8 million, monthly rent of KRW 800,000,000 from April 3, 2012 to April 2, 2014 (hereinafter “instant lease contract”) on behalf of the Defendant who had no space for manufacturing machinery parts, and agreed that the rent and management fee for the Defendant will be settled half by the original and the Defendant, while allowing the Defendant to manufacture the machinery parts at the instant factory.
Since the defendant uses and benefits from the factory of this case without performing at all the agreement on the settlement of rent and management expenses during the above lease period, the defendant must return to the plaintiff a total of KRW 9,600,000 (=80,000 x 24 months x 1/2) as unjust enrichment.
B. (1) On September 11, 201, the Plaintiff entered into the instant contract for the manufacture and supply of machinery and parts necessary for manufacturing with the Defendant, and ordered the Defendant to make a contract for the manufacture and supply of machinery and parts necessary for manufacturing. On the wind that delays the payment period of machinery and parts, the Plaintiff also paid USD 41,700 to the Defendant, as the payment period ( January 15, 201) was delayed for 145 days. ② On November 29, 2011, the Plaintiff entered into the instant contract for the manufacture and supply of machinery and parts necessary for manufacturing with the Defendant, and ordered the Defendant to supply the machinery and parts necessary for manufacturing. Ultimately, the Plaintiff delayed the payment period of the machinery and parts by the Defendant for 90 days, and thereafter, the Plaintiff also deducted KRW 10,500 from the C&M’s damages for delay, and the Plaintiff deducted KRW 50,500 from the price for delay, and the Plaintiff deducted KRW 10,581,201.