1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion was that the construction was performed by the Plaintiff under contract with C (hereinafter “C”) for the construction of the E neighborhood living facilities (hereinafter “E”). The Defendant, as the Plaintiff’s site manager, agreed to take charge of the construction, such as supervision, direction, and direct payment of the construction cost for cash, such as labor cost, material cost, etc., at the instant construction site. The Defendant, while performing the Plaintiff’s duties at the site manager, takes charge of the duties of preventing the Plaintiff’s quality of the construction, the employment of the public, labor cost, and material cost. Thus, the Defendant agreed to impose criminal liability on the Plaintiff when it was revealed that the Plaintiff suffered damage or committed an unlawful act by using his position.

After completion of the instant E project, the Plaintiff filed a lawsuit against C seeking the payment of the unpaid construction cost. As a result of the appraisal of the completed building (F building; hereinafter “instant building”) in the said lawsuit, it was found that the construction was not executed or that there was a defect, and the costs necessary for the reinforcement work were appraised as KRW 26,97,00, and the Plaintiff was ultimately unable to receive KRW 71,735,000 out of the unpaid construction cost.

Although the Defendant is an expert in the aggregate construction field of the instant E construction site and is responsible for the management and supervision of the overall construction site, the instant E construction works were defective, such as omitting construction works by some type of construction from among the instant E construction sites or performing construction works differently from the design drawings, etc., and was prevented from receiving KRW 71,735,000 for the construction cost by embezzlement of the construction cost received from the Plaintiff, and thus, the Defendant is liable to pay the Plaintiff the damages amounting to KRW 71,735,00 and the damages for delay.

2. Determination: