1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing and selling fire-fighting cars, and the Defendant used the trade name of Youngdong Co., Ltd. for the purpose of manufacturing and selling fire-fighting cars, high-priced and digging bridges until January 13, 201, while using the trade name from January 14, 201.

B. On November 29, 2010, the Plaintiff ordered the manufacture of a fire-fighting vehicle from UNCIL, which is an organization affiliated with the United Nations in Liberia, and requested the Defendant to manufacture it. On the basis of 334AK Shz (BENZ) offered by the Defendant from the Plaintiff, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would pay 357,344,250 won to the Defendant at its price (hereinafter “instant contract”).

C. On December 1, 2010, the Plaintiff offered one set of showers to the Defendant in accordance with the instant contract. On December 1, 2010, the Plaintiff paid the Defendant the sum of KRW 357,344,250, including KRW 107,203,275 on December 1, 201, KRW 31,50,000 on March 31, 201, KRW 13,000,00 on May 13, 201, KRW 357,344,250 on May 13, 201, and KRW 26,00,000 on May 26, 201 (hereinafter “instant contract price”).

On December 1, 2010, the Defendant started the manufacture of the instant fire-fighting vehicle and shipped the instant fire-fighting vehicle to Busan Port on April 29, 201, at the latest 21 days from the delivery date of the agreement.

On July 201, at Liberia’s Montreal Port, there was an accident in which the instant fire-fighting vehicle was damaged to the extent that the instant fire-fighting vehicle could not operate due to the wind, among the loading and unloading routes of the instant fire-fighting vehicle, and accordingly, UNAL, which imported the instant fire-fighting vehicle, refused to accept the goods and pay the goods.

E. On July 28, 201, the Plaintiff’s representative B, the Plaintiff’s employees C, and D, an employee of the Defendant, conducted an accident investigation with the Port Manager of UNMIL at the above mother container. As a result, the instant fire-fighting vehicle is serious.