1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 201, the Defendant awarded a contract to the Egyption Co., Ltd. (hereinafter “Egyption”) with the “D New Construction Co., Ltd.” (hereinafter “D New Construction”) on the ground of Kimpo-si, Kimpo-si, and the Egyption subcontracted the said construction to the Dak Integrated Construction Co., Ltd. (hereinafter “Dak Construction”) (hereinafter “Dak Construction”), and the Dak Construction completed the said construction.

The Plaintiff served as E in the construction site of the instant case.

B. On September 1, 201, 201, Dak Construction paid KRW 350,000,000 as the instant construction cost, and on the same day, Dak Construction remitted KRW 140,000,000 to the Plaintiff.

The plaintiff withdrawn the above money from 105,000,000 won at face value and 35,000,000 won at face value and delivered all of them to the defendant.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 3-1 through 3, Eul evidence 4-1 and 2, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the contract price of this case was concluded by settling down the issue of tax, etc., and part of the contract price was refunded. Accordingly, the Dak Construction terminated the subcontract price with the Dak Construction, and the Dak Construction returned the contract price to the defendant from the Dak Construction.

C. Dak Construction received 350,000,000 won as the subcontract price from Egyptian on September 1, 201, and paid to the Plaintiff the sum of KRW 100,000,000 and KRW 140,000,000 in the name of repayment to the Plaintiff and KRW 40,000 in the name of repayment to the Plaintiff. The Plaintiff sent this amount to the Defendant by withdrawing the amount at par value of KRW 105,00,000 and KRW 35,00,000 in the form of a fake check. The Plaintiff returned the amount to the Defendant, and the remainder of KRW 40,000,000 in the form of repayment to the Plaintiff is leased to the Defendant.