The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 2019, the Plaintiff entered into a contract for construction work (hereinafter “instant contract”) with Defendant B to newly construct a electric house located in Pyeongtaek-si E (hereinafter “instant electric house”).

According to the contract of this case, the construction period shall be set at 60 days from the date of the building permit, and the construction cost shall be set at 150,000,000 won, and it shall be transferred to the financial account in the name of D, a company transaction passbook.

B. In accordance with the instant contract, the Plaintiff paid the construction price of KRW 273,942,230,000,000 to the Defendant B, including the payment of KRW 50,000 as down payment on July 23, 2018 by means of remitting to the financial account in the name of D used by Defendant B (i.e., the transfer of KRW 234,000,000 to the account in the name of D) until April 1, 2019 (i.e., KRW 39,942,230, which was transferred to the account in the name of D).

The payment details of the above construction cost are as shown in the attached Form.

C. On May 2019, the Plaintiff requested F to undertake the instant new house construction project on the ground that Defendant B did not properly perform the construction project.

From June 17, 2019, F completed the instant house by resumption of the construction suspended by Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 8, and 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that Defendant B constructed 7.64% of the total construction cost paid by the Plaintiff to Defendant B, and thus, Defendant B is obligated to pay to the Plaintiff unjust enrichment and delay damages therefrom (=212,68,747 won amounting to the total construction cost paid by the Plaintiff to Defendant B 2 273,942,230 won, which exceeds 77.64% of the total construction cost paid by the Plaintiff to Defendant B 273,942,230 won - 273,942,230 won of the construction cost paid by the Plaintiff to Defendant B 7.64% of the construction cost (=273,942,230 won x 77.64% of the total construction cost x 77.64%). As Defendant C guaranteed the Plaintiff’s debt of the above unjust enrichment, it is jointly and severally with Defendant B.