A. On May 13, 2015, the Plaintiff asserted that the Plaintiff entered into the instant construction contract (hereinafter “instant construction contract”) with the Defendants, and the 150 million won for the interior interior interior interior interior interior interior interior interior interior of the “H frequency house” of the hotel G 1st floor located in Boan-si (hereinafter “instant construction contract”). The Defendants did not pay the said construction price and suspended the said construction on May 28, 2015.

According to the result of appraiser I's appraisal, the defendants are jointly and severally liable to pay to the plaintiff 63,770,000 won for the construction work and damages for delay.

B. Defendants’ assertion 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(2) At the end of April 2015, Defendant F, the representative director of which, at the time of his assertion, concluded the instant construction contract with the Plaintiff, and thus, the Plaintiff cannot comply with the Plaintiff’s claim. (2) Defendant F’s assertion that the Plaintiff, upon entering into the instant construction contract with Defendant F and the end of April 2015, the Plaintiff unilaterally suspended the said construction work on or around May 2015. At that time, the Defendant F and the Plaintiff paid KRW 32 million total of KRW 14 million and KRW 18 million on May 2, 2015.

Preliminaryly, even if the construction cost of the Plaintiff’s assertion is acknowledged, the Defendant paid the Plaintiff the construction cost of KRW 58 million to the restaurant in Yeongdeungpo-gu, and the part performed by the Plaintiff is merely the amount of KRW 5 million, and thus, the difference is set off against the Plaintiff’s claim for return of unjust enrichment equivalent to KRW 3 million, which is the difference.

3. Defendant E’s assertion did not conclude the instant construction contract with the Plaintiff, and Defendant F requested the instant construction work and paid all the construction cost, so the Plaintiff’s claim cannot be complied with.

2. We examine the judgment on the claims against Defendant Company and Defendant E., and the Plaintiff and the instant Defendants.