1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The plaintiff is the owner of the building called the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

B. The Defendant embezzled KRW 90,313,00 among the amount that the Plaintiff paid to the Defendant to the on-site workers during the construction site for more than 40 days at the above construction site; ② illegally occupied the construction site, threatened the public officials in charge and the certified architect in charge, interfered with the construction work by means of provisional seizure; ③ caused damages for liquidated damages of KRW 387,660,00; ③ by deceiving the Plaintiff, the Plaintiff acquired KRW 45,053,00 from the Plaintiff under the pretext of mutual agreement by means of the sales contract.

C. Therefore, the Defendant was liable to pay the Plaintiff KRW 90,313,000,00, which was embezzled by the Defendant among the above damages.

2. According to each of the evidence No. 1, No. 1, and No. 5 of the judgment, it can be acknowledged that the defendant filed a complaint with the defendant by fraud and embezzlement based on the facts alleged above, but the defendant was issued a disposition of no suspicion on December 30, 2016. The evidence submitted by the plaintiff alone is insufficient to acknowledge that the defendant embezzled or stolen the above money, or caused damage to the plaintiff by tort, and there is no other evidence to prove otherwise.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.