1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 28, 2005, when entering into a liquefied petroleum gas supply contract with the Plaintiff engaging in the business of manufacturing processed food under the trade name of “C” and the Defendant engaged in liquefied petroleum gas retail business, the Defendant agreed that, on October 28, 2005, the supply price was calculated by dividing the supply price by the standard rate of 1,200/km (including vat) agreed by the Plaintiff and the Defendant as of October 1, 2005, and then converting the supply price into the volume of 1,200/km calculated by the standard rate of mination for the adjustment period,” the method of calculating the physical unit price pursuant to the liquefied petroleum gas physical transaction system: Won/km = original/km x standard conversion rate x adjustment coefficient. However, the Defendant agreed that “the automatic change is linked to the change of the price reported to the government of the

(hereinafter “instant supply contract”). (b)

From May 2006 to November 201, 2013, the Defendant supplied the Plaintiff with liquefied petroleum gas listed in attached Table 1 to the Plaintiff, and KRW 747,092,366 in total by claiming the price stated in attached Table 2.

[Grounds for Recognition: Facts without dispute, Gap 1, 2 evidence, Gap 4-11 evidence, the purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. At the time of entering into the instant supply contract by the Plaintiff, the Plaintiff and the Defendant determined the supply price of liquefied petroleum gas as KRW 1,200 per 1 kg higher than that of 712.80 won per 1 kg, which is the official intention of SK Gas, and automatically changed the supply price in proportion to the official intention of SK Gas. However, the Defendant agreed to fix the Defendant’s profit as KRW 487 per 1 kg, and thus, the Defendant claimed to the Plaintiff each amount listed in attached Form 7 (total KRW 676,133,955) which is much higher than that of the Plaintiff even though the Defendant claimed to the Plaintiff each amount listed in attached Form 7 (total KRW 76,13,92,366).

From May 2006 to November 201, 2013, the Defendant claimed the above excessive amount and received from the Plaintiff shall be 70,958,411 won in total as stated in attached Form 8, respectively, and the Defendant shall return the said amount to the Plaintiff as unjust enrichment.

B. The Plaintiff’s judgment is based on the instant case.