1. The plaintiff's claim is dismissed.

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

Facts of recognition

On May 10, 2013, the Plaintiff entered into a subcontract contract with the Defendant for the construction of an infrastructure in an ecological traffic model area (e.g., the construction of a new infrastructure) by no later than 243,100,000 won (including value-added tax; hereinafter the same shall apply) and July 29, 2013 regarding drainage and packing works among them.

On July 29, 2013, the Plaintiff entered into an agreement on the change of the construction cost of KRW 308,176,00 and the construction period of KRW 4, 201 and completed the said construction work on September 9, 2013.

【In the absence of dispute, the Plaintiff asserted the purport and judgment of Gap evidence 1-1 and 2, as a whole, and the purport of the pleading, and sought reimbursement of the construction cost equivalent to the above personnel expenses or restitution of unjust enrichment equivalent to the above amount, by asserting that the Defendant actually supplied a small general sidewalk block instead of a large-scale mother and child block intended to be supplied to package works, resulting in the Plaintiff’s modification of the construction method in order to put the large number of figures in lieu of equipment, such as cutting off season, etc., and that the additional disbursement of personnel expenses exceeding 100 million won was made.

However, the evidence submitted alone is not only insufficient to recognize that the plaintiff additionally paid personnel expenses, but also that the plaintiff was not a party to a subcontract contract with the plaintiff, and there is no evidence to prove that the defendant consented to the payment of the price, and thus, the plaintiff's claim against this is without merit.

The plaintiff's claim is dismissed.