1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 12, 2007, the Defendant determined the construction cost of 835,00,000,000 won and sewage supply as of December 31, 2007, among the new construction works of DNA apartments (hereinafter “instant construction works”) from the Plaintiff from the Plaintiff on February 12, 2007.

B. The said new construction project, including the instant construction project, was suspended on December 2007 due to the Plaintiff’s financial difficulties.

[Defendant alleged that the construction has continued until June 2008, but in light of the current state of carrying-in of materials or the current state of carrying-in of construction works in the quarterly report (Evidence A, No. 8, 17) it appears that the construction has been substantially interrupted on or around December 2007, and it is difficult to recognize that the construction has continued to proceed solely on the basis that some of the materials payment was settled after the suspension date.]

On June 23, 2011, the Defendant filed an application against the Plaintiff for the payment order (Seoul East District Court 201j6751; hereinafter “instant payment order”) claiming “the payment order (Seoul Eastern District Court 201j6751; hereinafter “instant payment order”) from July 11, 201 to the service date of a duplicate of the application for payment order from July 1, 2008 to the day of the delivery of a copy of the application for payment order, and damages for delay calculated at the rate of 20% per annum from the next day to the day of complete payment, and the payment order was issued on August 23, 201.

On March 30, 2015, the Plaintiff filed a lawsuit claiming return of unjust enrichment against C (In Incheon District Court Decision 2015Gahap1009).

On January 27, 2016, the Defendant received a claim attachment and assignment order (Seoul District Court Branch Decision 2015TTT13032, hereinafter “instant assignment order”) regarding KRW 800,000,000 among the Plaintiff’s claim for return of unjust enrichment against C, with the authentic copy of the instant payment order as the executive title, and thereafter succeeded to the said order at the appellate court after the said lawsuit became final and conclusive on March 11, 2016.

On February 9, 2017, the appellate court shall pay the Plaintiff KRW 249,041,32, and the Defendant shall pay the amount of KRW 800,00,000 and the amount of KRW 787,749,537, calculated at the rate of 15% per annum from March 12, 2016 to the date of full payment.