1. All of the plaintiff's claims are dismissed.

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

1. Basic facts - The Plaintiff is a person who runs wholesale and retail business, such as a different day, with the trade name of “C,” and D Co., Ltd. (hereinafter, the non-party company) was a person who was engaged in the construction of electric house in E Co., Ltd.

- The plaintiff from June 14, 2012 to the same year at the request of the non-party company

8. By December 24, 200, the non-party company supplied 25,993,220 won of building materials, such as others.

[Ground of recognition] Facts without dispute, evidence A1 through 6 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion - The owner of the above electric power resource construction project performed by the non-party company is the Defendant, and the Defendant, the owner of the building, is obligated to pay the materials directly to the Plaintiff who supplied the materials according to the Building Act and the commercial

- However, the defendant has obtained a loan of KRW 310,00,000 as security around November 19, 2012 from all newly constructed house for the purpose of evading the above plaintiff's material cost obligation itself or compulsory execution due to it. This constitutes a tort falling under the crime of evading compulsory execution under the Criminal Act.

In addition, with the aim of not paying the price of the material to the Plaintiff, the Defendant received a false security loan from the Plaintiff, thereby making unjust enrichment of the amount of the loan.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,93,220 equivalent to the material cost as compensation for damages caused by a tort, and damages for delay from August 25, 2012, which is the next day from the date of the final delivery to the date of full payment. ② The Defendant is obligated to pay the amount equivalent to the material cost in advance due to the return of unjust enrichment, the amount of KRW 25,993,220, which is the next day from November 20, 2012 to the date of full payment.

B. Each of the above arguments by the Plaintiff is based on the premise that the Defendant bears the obligation to pay materials to the Plaintiff.

However, the plaintiff's assertion is based on the plaintiff's argument.