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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The plaintiff's assertion that around September 2008, the defendant was awarded a contract from the Do-do Construction Co., Ltd. (hereinafter "Do-do Construction") for the construction of the apartment and the construction of the D apartment in South-si, Namyang-si.
At the time, the Defendant, by giving the Plaintiff a director position and having the Plaintiff implement the construction and the above contract, agreed to entrust the Plaintiff with the whole construction work and to pay the remainder to the Plaintiff in full after deducting the construction cost from 0.5% increase.
After the conclusion of the contract with the Do Construction and the above contract, the plaintiff mobilized the Do Construction and purchased materials, tools, etc. necessary for the work, and performed each of the above construction, the defendant did not pay the construction cost received from the Do Construction to the plaintiff.
Therefore, the Defendant is obliged to return unjust enrichment for the Plaintiff’s 15-month personnel expenses of KRW 18,150,00, KRW 17,897,500, KRW 6,422,00, KRW 5,175,000, and KRW 47,644,50, and delay damages therefrom.
2. According to the Plaintiff’s assertion, the Plaintiff’s purchase of materials and outfits at each of the above construction sites and carried out the installation of checks pursuant to an agreement with the Defendant. Thus, aside from the Plaintiff’s claim for the payment under the agreement, the Defendant did not pay the remainder other than 5% of the increase in price against the agreement. Thus, it cannot be said that the Defendant gains profits without any legal ground, and that the Plaintiff sustained losses therefrom.
3. In conclusion, the plaintiff's claim of this case is without merit without examining the remaining points.