1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, on June 15, 2016, by deceiving the Plaintiff to conclude a contract for a new E-construction project ordered by the D Association, acquired 200 million won from the Plaintiff by deceiving the Plaintiff. On September 19, 2018, the Busan District Court was sentenced to a conviction of fraud as the Busan District Court Decision 2017Da3057 on September 19, 2018, and the said judgment became final and conclusive on February 18, 2019 through an appellate trial and a final appeal.

B. On June 23, 2016, the Defendant received KRW 100 million from C under the pretext of solicitation from the head of the said association to receive a contract for the said new construction work. On January 23, 2018, the Defendant was convicted of a violation of the Attorney-at-Law Act by Changwon District Court 2017Dadan2412, which was sentenced on January 23, 2018. The said judgment became final and conclusive on October 16, 2018 after the appellate court and the final appeal.

[Reasons for Recognition: Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings]

2. The plaintiff's assertion

A. 10 million won that the Defendant received from C on June 23, 2016 is unjust enrichment as the money received without any legal ground.

The Plaintiff received a claim for return of unjust enrichment of KRW 100 million against the Defendant from Busan District Court 2019TTT to 54620, and thus, the Defendant is obligated to pay KRW 100 million to the Plaintiff who exercises the right of collection according to the above collection order.

B. On June 23, 2016, the Defendant, by deceiving C to pay KRW 100 million to the president of the said association, and by deceiving C, 100 million from C, thereby holding the damage claim of KRW 100 million against the Defendant.

As to the above damage claim against C by the Defendant, the Plaintiff received the attachment and collection order by Busan District Court 2019TTTT 54620, the Defendant is obligated to pay KRW 100 million to the Plaintiff who exercises the collection right according to the above collection order.

C. At the time when C acquires 200 million won from the Plaintiff, the Defendant conspired with C, or aided the Plaintiff by deceiving the Plaintiff, thereby deceiving the Plaintiff.

Therefore, the defendant is against the plaintiff.