1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2010, the Defendant and Nasung Construction Co., Ltd. (hereinafter “Nasung Construction”) jointly ordered the Complex Facility Extension Corporation (hereinafter “instant construction”) from the Seoul Special Metropolitan Office of Education on December 24, 2010, and the Defendant employed C on January 20, 201 as the site manager of the instant construction.

B. C requested the Defendant to pay KRW 200 million on February 28, 2011, and accordingly, the Defendant transferred KRW 200 million to the account in the name of C around 14:56 on the same day.

In addition, at around 15:11 on the same day, 200 million won was withdrawn from the above account in the name of C, and the defendant was transferred to the account of Nasung Comprehensive Construction as remitter.

(hereinafter the above 200 million won (hereinafter “the instant money”). C.

On the other hand, on February 28, 201, the defendant as a remitter was transferred to 4,2760,000 won, and 3,0340,000 won was transferred to D's account.

[Ground of recognition] Evidence No. 1, Evidence Nos. 1 to 6, Evidence Nos. 4 and 12, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) agreed to subcontract the entire construction of this case to the Plaintiff in return for requesting the Plaintiff to pay the Plaintiff a sum of KRW 273,100,000,000 on behalf of the Defendant, as above, to the Plaintiff. According to the agreement, the Plaintiff remitted the said money to the Defendant’s name, but the Defendant did not subcontract the instant construction to the Plaintiff. Therefore, the Defendant shall return KRW 27,31,000,000 paid by the Plaintiff on behalf of the Defendant. (2) As the Defendant was unable to perform the instant construction, the Defendant agreed that the instant construction will entirely proceed with the Gisung General Construction, but the Gisung General Construction will not exercise its right to the Office of Education, through C with the agreement.