1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 31, 2013, the Plaintiff entered into a contract for multi-purpose fire fighting construction works awarded by the Armed Forces Finance Management Agency B, which was ordered by the said Agency, and subcontracted the contract to the Southern Construction Co., Ltd., Ltd. (hereinafter “Nam Young Construction”).

On September 2014, the Nam Young-gu theory waived the subcontracted construction work.

B. The defendant is an individual entrepreneur of the trade name "C".

[Ground] Facts without dispute, Gap 18 evidence 1 to 7, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) the Southern Military Fire Station subcontracted the said multi-purpose steel construction work from the Plaintiff’s assertion of unjust enrichment did not notify the Plaintiff; (b) given a sub-subcontract to the Defendant for the part of the said fire station construction work amounting to KRW 280 million; and (c) the Defendant performed construction work in the middle of May 2014.

On September 2014, the mid-to long-term real estate relocation theory had been abandoned of subcontracted construction, and the plaintiff and the defendant agreed to recognize the part of the construction already performed by the defendant with respect to the above machinery and equipment construction as it is, but the defendant agreed to perform the remaining construction at the price of KRW 280 million as before.

Until December 9, 2014, the Plaintiff paid the Defendant a total of KRW 285,722,656 as the construction price.

However, the Defendant’s actual construction cost was KRW 135,652,621 by deceiving the Plaintiff by means of excessive appropriation of construction cost in collusion with suppliers of construction materials and thus unjust enrichment of KRW 150,070,035 (i.e., construction cost paid KRW 285,72,656) (i.e., actual construction cost - KRW 135,652,621).

② From May 2014 to September 2014, the Defendant asserted a tort was in the position of a subcontractor of the Nam Young-gu or an employee entrusted with field management affairs. Since September 2014, the Nam Young-gu abandoned subcontracted construction works, the Defendant was in the position of a person who directly subcontracted construction works or was entrusted with construction management affairs by the Plaintiff.

The defendant in the above position shall be the defendant.