1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2010, the Plaintiff entered into a sub-subcontract with the Defendant that the Plaintiff provided materials to the Defendant and provided the Plaintiff with labor and cost (hereinafter referred to as the “sub-subcontract in this case”) for the remainder of sewage construction, drainage construction, retaining wall construction, etc. (hereinafter referred to as the “instant construction”) excluding sarraras sar sarras sar sar sarras sar sar sar sar sar sar sar sar sar sar and sar sar sar sar sar

B. At the time of the conclusion of the subcontract of this case, the construction cost of this case was set at 90% of the total amount of KRW 410,885,154 as stated in the subcontract statement (Evidence A 1) issued by the Defendant to the Plaintiff.

C. In performing the instant construction work, the Plaintiff discontinued construction work on June 201 without completion, and the Defendant paid the Plaintiff totaling KRW 267,172,905 as construction cost during the process of performing the instant construction work.

On the other hand, around June 30, 2011, between the defendant and the Hanjin Industries, a modified contract was concluded between November 5, 2010 to August 31, 201, changing the construction period from November 5, 2010 to December 31, 201 with respect to the above apartment unit civil engineering contract to KRW 1,381,083,469 to KRW 1,54,65,469, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, fact-finding results on the Hanjin Heavy Industries Co., Ltd., the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the re-subcontract of this case is null and void for the following reasons, the Defendant should return to the Plaintiff the sum of KRW 106,870,937 (=374,043,842 - 267,172,905) obtained by deducting the construction cost received from the Defendant, out of the amount equivalent to the expenses invested by the Plaintiff while performing the instant construction work, as unjust enrichment.

① When the Defendant determines the construction cost of the instant case, the Defendant shall do so.