1. The Defendant’s KRW 276,321,040 as well as the Plaintiff’s annual 6% from April 4, 2017 to November 24, 2017, and the following.

1. Basic facts

A. On January 30, 2016, the Defendant entered into an agreement with the Plaintiff on the same content as that of the attached Table 1 that the Defendant re-subcontracted to re-subcontract (hereinafter “instant agreement”) among the new construction of the block B block (hereinafter “instant construction”) that the Plaintiff and the Plaintiff subcontracted from the Large-Scale Industry Development Co., Ltd., and entered into a wage payment agreement (hereinafter “instant agreement”) as shown in the attached Table 2 on the same day.

B. By February 8, 2017, the Defendant completed the steel construction work equivalent to 7,107 tons (the fair rate of 64.25%) but failed to perform the construction thereafter, and delayed payment of wages to some workers.

C. On February 27, 2017, the Plaintiff sent a content certification to the effect that “the Defendant delayed payment of wages from around December 2016, and the Defendant is deemed to have waived the instant construction work in accordance with Article 8 of the instant arrangement on the grounds that the construction was not underway after February 8, 2017, and that the instant agreement shall be terminated in accordance with Article 12 of the instant arrangement” (hereinafter “instant content certification”), and that this reached the Defendant around that time.

[Reasons for Recognition] The entry of Gap 1 to 3, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the Plaintiff’s assertion, the Plaintiff is obligated to pay only the construction cost equivalent to the completed steel works by the Defendant. The construction cost equivalent to the completed steel works by the Defendant is KRW 1,954,425,00 (275,00 per ton unit price x 7,107 tons) (i.e., KRW 2,230,746,040 for a ton unit price x 7,107 tons), and the Defendant paid KRW 2,230,746,040 for the purpose of paying the construction cost, etc., so the Defendant is obligated to return the difference to the Plaintiff as unjust enrichment.

B. (1) Determination (1) The fact that Article 12 of the instant arrangement to terminate the instant agreement provides that the Defendant may terminate the instant agreement where the instant construction was delayed, suspended, or delayed payment of wages, and that the Defendant may terminate the instant agreement on February 2017.