1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to set the construction cost of KRW 530,670,00,000, and then paid KRW 403,518,500, KRW 240,000, KRW 85,143,100 to the Defendant’s subcontractor, and KRW 2,465,600 to the Defendant’s on-site warden at the site where the Defendant belongs, and paid the construction cost of KRW 731,126,60, KRW 200 (= KRW 731,126,60, KRW 500 - KRW 530,670), and delay damages therefrom as unjust enrichment.

B. As to KRW 240,00,000 paid to B among the details asserted by the Plaintiff that the Plaintiff claimed, the Defendant cannot be deemed to have received the above money from the Plaintiff because B was not the Defendant’s receiving agent. Accordingly, the Defendant did not receive the above money in excess of the agreed construction cost.

2. Determination

A. A. Around August 14, 2012, the Plaintiff: (a) concluded a contract with B, who operates a construction business under the trade name of C, for the construction cost of KRW 800,000,000; (b) on the same day, the Plaintiff paid KRW 80,000,000 to B as the down payment; (c) on August 21, 2012, the Plaintiff signed a contract for the construction cost of the instant construction project, excluding the installation of household appliances, gas pipes, electrical, telecommunications, and fire-fighting construction (hereinafter “instant construction”); and (d) on August 23, 2012, the Defendant reported the commencement of the construction work for the instant construction project to the Dopo-si Mayor on August 23, 2012.

3) On August 2012, the Plaintiff drafted, respectively, a construction contract agreement with the Defendant and the instant construction work, the construction cost of which is KRW 373,50,000 (tax exemption) and the construction cost of which is KRW 177,650,00 (including value-added tax).