1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 1, 2012, the Defendant entered into a contract with the Plaintiff for business processing and supply to convenience stores and other facilities, including CU, GS25, which are the Plaintiff’s business partners (hereinafter “instant contract”), after having been supplied the business by the Plaintiff and processed it well well, and concluding a contract with the Defendant to supply it to the Plaintiff’s business partners (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(이하 ‘갑’은 원고, ‘을’은 피고를 각 가리킨다). 제2조 품명 및 단가 1) 개별물품내역과 같이 상호간의 협의한 가격으로 공급한다.(별첨＃1) 2) 안정적인 거래관계를 위하여 본 계약기간 내에는 상품 가격 조정이 없음을 원칙으로 한다.

Provided, That if there is an objective price fluctuation factor in the cost, etc. of the product, the price agreed separately after the bilateral consultation may be applied in consideration of the relevant factors.

Article 3(1) Payment of the price shall be made in cash after the end of the following month as of the date of delivery of the product on the basis of the end of the month. (2) In extenuating circumstances, the payment method, procedure, etc. may be changed through mutual consultation.

Article 4(1) A shall, when placing an order for a product to be ordered to B, present to B through a written order (fax, e-mail) specifying the items, quantity, delivery date, etc. of the product in question. 2) B shall supply the entire quantity of the product ordered by the delivery date designated by A.

Provided, That where it is necessary to adjust the supply period due to unavoidable circumstances, the adjustment of the supply period may be notified in writing to Gap within ten days after the order is placed.

Article 7. Quality Control and Compensation 3) Crecil due to defects in the manufacturing process and distribution process of the supplied product (in the event of occurrence, such as deterioration of content, capacity and quantity shortage, occurrence of foreign substance, etc., Eul shall promptly cause damage to Gap.