1. The Defendant shall pay to the Plaintiff KRW 31,860,00 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

1. Facts of recognition;

(1) The Plaintiff is the owner of the building of the 1st floor and the 3rd floor above Busan Seo-gu, Busan (hereinafter “instant building”). Around July 2014, the Plaintiff ordered the construction of the instant building (hereinafter “instant construction”) to contract with the Defendant, and did not prepare a construction contract setting the construction cost and construction period, and the Plaintiff agreed to pay the construction cost from time to time as the Defendant performed the instant construction work.

B. On July 11, 2014, the Defendant opened a passbook in the name of the head of Busan Bank D and the head of the Tong (hereinafter “the head of the passbook in this case”) to manage the entry and withdrawal of the construction cost relating to the instant project, and the Plaintiff remitted the construction cost of this case to the head of the passbook in this case.

Secondly, the instant construction was almost completed at the end of January 2015, and the Defendant issued to the Plaintiff a tax invoice stating the construction cost of the instant construction amounting to KRW 30 million as of January 30, 2015 (hereinafter “instant tax invoice”).

x. The Plaintiff, as the passbook of this case, remitted the Defendant a total of KRW 67,060,000 in total until the issuance of the tax invoice of this case, and KRW 294,80,000 in total, and KRW 361,860,00 in total, as shown in the following table, before the issuance of the tax invoice of this case.

[Report] Amount of KRW 100,000,000 on February 3, 2015

3. 50,000,000 won

4. 58,300,000 won

31,500,000 won;

2. 25,000,000 won; and

2. Fact that there is no dispute over KRW 30,000,000 (based on recognition), each entry in the evidence of subparagraphs A1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff alleged that the construction price of this case was KRW 330,00,000, and since the plaintiff transferred the total amount of KRW 361,860,000 to the defendant as the construction price, the defendant unjust enrichment of the amount equivalent to KRW 31,860,00,000, and the loan or contract profit of this case claimed by the defendant as the loan to the plaintiff as the construction price in addition to the construction price of this case is already included in the construction price of this case.