1. The Defendant’s KRW 70,950,799 as well as the Plaintiff’s KRW 6% per annum from July 11, 2018 to March 6, 2020.

1. Basic facts

A. On January 11, 2016, the Defendant completed the road maintenance and repair works under a contract with the Plaintiff at KRW 63,800,000 (including value-added taxes), but did not receive construction cost payment from the Plaintiff.

B. On January 20, 2016, the Defendant received from the Plaintiff a contract from the Plaintiff to 517,000,000 won for the construction of a restaurant for elementary students C and for the improvement of toilets (hereinafter “instant construction”).

(c)

D worked on the pipe facilities, etc. of the instant construction, and the Plaintiff paid D KRW 96,442,793.

(d)

On November 3, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for construction cost payment that “The payment of KRW 14,789,452, and the construction cost of the instant case shall be KRW 9,619,200,” with the Suwon District Court in Ansan Branch.

On January 29, 2019, the above court has the obligation to pay the construction cost of KRW 24,408,652 to the Defendant, and the Defendant has the obligation to return KRW 96,442,793 paid to the Plaintiff to D as unjust gains.

As of October 4, 2017 to July 10, 2018, KRW 25,491,99, total sum of the Defendant’s claim for construction cost and delayed damages from October 4, 2017 to July 10, 2018, the Plaintiff’s claim for return of unjust enrichment ceases to exist as offset against the Plaintiff’s claim for return of unjust enrichment. As of July 10, 2018, KRW 70,950,799 remain.

Therefore, the defendant's claim is dismissed because all of the claims asserted by the defendant are extinguished by offset, as the defendant's claim is groundless.

“Judgment was pronounced to the purport that “” (No. 2017 A. 46575, Jun. 2, 2017, hereinafter “the instant lawsuit”). The Defendant filed an appeal against this, and the appellate court dismissed the appeal on February 3, 2020 (No. 2019Na2787, Suwon District Court) and the said judgment became final and conclusive on February 21, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion of this case.