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 an individual entrepreneur who runs the construction business and the construction machinery rental business with the place of business at the time of leisure with the trade name B, and the Defendant is a company that runs the civil engineering construction business.

The Defendant entered into a subcontract with the development of the first-day industry (hereinafter referred to as the “first-day industry development”) after being awarded a contract for the Urban Comprehensive Maintenance Project (hereinafter referred to as the “instant construction”) of the first-day city at the leisure market.

B. Although the subcontract between the Defendant and the first-day industrial development was terminated during the Do, the Defendant requested the Plaintiff to continue to procure parts such as construction equipment, hardware, etc., and requested the goods supplier participating in the instant construction to issue a tax invoice in the name of the Defendant.

C. The Defendant is obligated to return the amount equivalent to the above amount as unjust enrichment because the Plaintiff and the above companies did not pay the construction cost despite the payment of the construction cost as the tax invoice issued by the Defendant and the above companies did not pay the construction cost to the above companies.

Plaintiff

In addition, the sum of the payments for labor and goods supplied by the above companies to the Defendant from May 2013 to May 2014 is KRW 238,875,927 (based on tax invoices). Of these, the amount paid by the Defendant is KRW 111,216,270, and the Defendant shall pay the remainder to the Plaintiff KRW 127,659,657.

2. In full view of the evidence and the purport of the entire pleadings submitted by the Plaintiff, the Plaintiff issued a tax invoice with the Plaintiff as the recipient of the Defendant, and the Defendant around 2013 to 2014.