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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On April 27, 2016, the Plaintiff and Nonparty C, a juristic person established for the purpose of the Plaintiff’s assertion, received construction contract money and transferred KRW 48,000,000 to the Defendant’s account to use the construction price for the purpose of using the said money.
However, the defendant is obligated to pay the plaintiff 48,000,000 won as unjust enrichment and delay damages for the above amount, since the defendant used the above amount to be transferred and did not proceed with the construction work.
B. Although the account deposited in KRW 48,000,000, which the Plaintiff transferred to the Defendant by the Defendant’s assertion, is under the name of the Defendant, the account actually used by E, the husband of the Defendant.
C It is asked to examine whether to obtain approximately KRW 1.6 billion loans from one financial right because of a shortage of construction funds, and entered into a consulting contract for the execution of loans with E. The above amount is transferred to E as the service cost of the above contract.
2. In full view of the overall purport of the pleadings in the statement No. 1 as to the cause of the claim, the fact that on April 27, 2016, the sum of KRW 30,000,000, 18,000 in the Plaintiff’s account in the Plaintiff’s name was transferred to the account in the Defendant’s name is recognized.
On the other hand, the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in Gap evidence Nos. 2 through 4, namely, ① jointly with the representative director F of the plaintiff’s representative director, and ② the plaintiff heard from Eul that "I would receive advance payment at another site because it has been at another site," and that "I would like to receive and treat advance payment in another site," and the plaintiff remitted KRW 48,000 from the account under the name of the plaintiff to the account under the name of the defendant. ③ The representative director of the plaintiff is not the construction cost.