1. The Defendant’s KRW 54,080,140 as well as the Plaintiff’s annual rate from March 20, 2015 to December 8, 2015.

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was a person who runs the construction business and was contracted by the Defendant to Jeju C Co., Ltd. (hereinafter “instant construction business”), and performed the construction business at the site of 2 construction sections (hereinafter “instant construction business”).

Although the Plaintiff did not prepare a written contract for the construction project of this case with the Defendant, on March 6, 2014, ordered the Defendant to perform the instant construction project in the amount of KRW 365,160,000, including the direct material cost from the Defendant, and completed all the remaining work except for the instant construction work of dismantling one unit.

The Defendant paid only KRW 309,479,860 out of the above construction cost of KRW 365,160,000 to the Plaintiff, and did not pay the remainder of KRW 55,680,140 (=365,160,000 – KRW 309,479,860). Accordingly, the Defendant sought payment of the said unpaid construction cost against the Defendant.

B. The defendant's assertion was merely awarded a subcontract to D Co., Ltd. (hereinafter "D"), and there was no direct contract between the plaintiff and the plaintiff.

Even if the obligation to pay the construction price is recognized to the Defendant, the total amount of the construction price in this case is only KRW 330,150,000, and the Plaintiff failed to complete the work of dismantling one unit, so this part of the construction cost should be deducted.

In addition, the Defendant paid KRW 20 million to the Plaintiff as the price for non-produced materials, and the Plaintiff collected all the visions owned by the Defendant while taking steel at the construction site of this case. The Plaintiff made a false claim for labor cost of E, which did not work at the construction site of this case, and received labor cost of KRW 15.61 million from the Defendant. Accordingly, the Defendant’s claim for return of unjust enrichment against the Plaintiff was set off against the Plaintiff’s claim for return of unjust enrichment with its automatic claim.

2. Determination

A. Whether the Defendant is obliged to pay the instant non-intermediate construction cost.