1. The Plaintiff (Counterclaim Defendant) paid KRW 364,823,579 to the Defendant (Counterclaim Plaintiff) and its related amount from July 7, 2015 to April 19, 2016.

Basic Facts

On October 1, 2013, the Plaintiff and the Defendant entered into a contract under which the Defendant purchases goods from C Company (hereinafter “C”) and exclusively supplies them to the Plaintiff, and the Plaintiff pays 122% of the cost as the price for goods (hereinafter “instant commodity supply contract”).

Article 3 of the instant commodity supply contract provides, “This contract shall be automatically extended from October 1, 2013 to September 30, 2014, and shall be automatically extended every one year if no mutual objection is raised by the end of August each year.” The Plaintiff and the Defendant did not raise any mutual objection by August 2014.

[Ground of recognition] The Plaintiff’s claim as to the main claim for the entry of Gap’s evidence No. 1 and the purport of the entire pleadings is to determine the supply price according to the goods supply contract of this case. The price changes depending on exchange rate fluctuations. The Defendant arbitrarily determined the cost by applying the fixed exchange rate of KRW 145 won, thereby obtaining unjust enrichment of KRW 221,030,550. Therefore, the Plaintiff should be returned.

Around September 2014, the Defendant unilaterally notified that the supply price will be raised from 122% to 123% on three occasions during the period of the instant goods supply contract.

Since then, when the plaintiff demanded the return of unjust enrichment from exchange loss to the defendant, the defendant notified the suspension of the supply of goods and the contract is terminated.

Therefore, the goods supply contract of this case is terminated due to the defendant's unilateral notification of suspension of the supply of goods and loss from trust due to exchange loss. Therefore, the defendant is liable to compensate the plaintiff for damages.

If the supply contract of this case is terminated due to a cause attributable to the supplier (referring to the defendant; hereinafter the same shall apply), the goods which are being transferred to the buyer (referring to the plaintiff; hereinafter the same shall apply) shall be the buyer.