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

A. On July 2010, the Plaintiff, at C’s request, carried out a construction project for new bonds of a size of 85.68 square meters on the D ground of Busan Metropolitan City, where the Defendant temple was located (hereinafter “new construction project”).

B. The Plaintiff’s suspension of construction while performing the new construction of this case remains unbuilt until now.

C. Civil engineering works following the instant new construction works have been constructed by 100%, but construction works have only been constructed by 71.18%.

On the other hand, upon introduction of C, the Plaintiff continued to perform the E-day order construction work, F bond rebuilding work, G maintenance work, H US cancer construction work, etc. from other temples such as E, F, G, and H.

【Non-contentious facts, Gap evidence Nos. 1, 3, 12, 13 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 3 through 6, the result of the request for appraisal of construction cost for certified architect I by this court, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff agreed to undertake the instant new construction work upon the Plaintiff’s request and receive the construction cost after the instant new construction work. The Plaintiff, as the Plaintiff, a merchant, primarily and around the Defendant, sought reimbursement of the fees from merchants under Article 61 of the Commercial Act. As such, the Plaintiff, as a preliminary claim for restitution of unjust enrichment, sought reimbursement of KRW 66,859,835, and KRW 312,492,218, and KRW 379,352,053 (=66,859,835, KRW 312,492,218) and damages for delay.

B. The Defendant New Construction Corporation concluded an agreement with the Plaintiff to pay construction expenses as alleged by the Plaintiff, as it is for the purpose of securing the essential bonds that the Plaintiff is able to stay in the Defendant Inspection.

3. Determination

A. As to the primary claim, one of the parties agrees to complete a certain job and the other party agrees to pay remuneration for the result of the work.