1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 8, 2012, the Plaintiff entered into a contract with the Defendant for the construction of a 16-household city residential housing unit 16 (hereinafter “instant construction”).

On October 8, 2012, the Plaintiff and the Defendant borrowed a total of KRW 550 million from Nonparty D and E on October 8, 2012, and drafted a memorandum of understanding with respect to the instant construction works on July 19, 2013, as follows:

2. The Plaintiff, upon receiving a loan from a bank after completion, shall repay the loan amounting to KRW 550,000,000,000 for land and buildings set up as collateral (excluding fees and interest), and the F Association loan amounting to KRW 150,00,000,00 for a loan immediately after completion.

3. The Plaintiff shall bear all the expenses up to the time of completion of the building, including the construction cost of 1.3 billion won (including civil construction works and additional taxes), registration expenses, authorization and permission expenses, design expenses, taxes and public charges, tax charges, corporate principal and interest, etc. The Defendant shall provide the Plaintiff with the land and buildings as substitute and settle the construction cost and related expenses.

B. On September 4, 2013, the Plaintiff repaid KRW 730 million to the said D and E, and the Plaintiff and the Defendant came to know that the amount repaid to the said D and E exceeds the interest rate of 30% per annum as stipulated in the Interest Limitation Act. Accordingly, on January 23, 2014, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) pursuant to the assignment of claims stating that “the Defendant would settle the principal lawsuit cost at the time when the return of unjust enrichment is made from D and E, and the unpaid amount of KRW 70 million,00,000,000,000,000,000, which was already paid to the Plaintiff after deducting KRW 51,650,000,000,000,000,000,000,000 were paid to the Plaintiff.”

C. The Defendant filed a lawsuit against D and E seeking unjust enrichment (Cheongju District Court Decision 2013Gahap1716), and the said court rendered the lawsuit as to D and E’ on October 16, 2014, respectively, and the Defendant’s KRW 59,956,250 on September 2013.