1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From April 2008 to June 2013, the Plaintiff had been engaged in the so-called “free-of-charge” process that the Plaintiff supplied the Defendant with disks, hump, and drums, which are the raw materials of automobile parts, to the Defendant, and then supplied the parts to the Plaintiff after manufacturing the automobile parts. The Plaintiff traded the so-called “free-of-charge” process that the Plaintiff shall pay the Defendant the cost for the repair of the parts completed as above.

(2) The Plaintiff and the Defendant have entered into a contract for the processing of raw materials (hereinafter “instant contract for processing”). According to the instant contract for processing, the Defendant must return the unused raw materials to the Plaintiff.

B. Around December 2011, the Plaintiff confirmed that there were 11,603 raw materials supplied by the Plaintiff to the Defendant at the Defendant factory, and 5,547 raw materials that were defective.

[Ground of recognition] Unsatisfy, Gap evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the amount calculated by multiplying the amount of “taking out” and “unit price” among the “calculated” as indicated in the evidence No. 2 of KRW 10,271,850,494 by the Plaintiff’s total sum.

Despite being supplied with a considerable amount of 1,762,62 and 625 raw materials, the total amount of KRW 9,898,261,44 as stated in the evidence No. 2 of “the unit price” is multiplied by “the unit price” among “the unit price” and “the calculation of the amount”.

Only 1,69,367 of the raw materials were manufactured as parts of the automobile and supplied them to the Plaintiff. Even if the Plaintiff excluded 11,603 of the raw materials supplied to the Defendant and 5,547 of the raw materials supplied to the Defendant, the Defendant did not return to the Plaintiff 46,108 (=1,762,625 – 1,69,367 – 11,603 – 5,547 of the raw materials.

The sum of the value of the above 46,108 raw materials is KRW 280,760,049, as shown in the attached list 2. Thus, the defendant suffered loss incurred by the plaintiff due to the plaintiff's failure to return the raw materials that were not used under the instant contract for the clinical processing.