1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction business, reinforced concrete construction, etc., and the Defendant is a personal business entity manufacturing and wholesale boats, hardware, safety goods, etc. in the trade name of “B”.

B. On November 23, 2012, the Plaintiff subcontracted reinforced concrete construction works among the new construction works of C, and among the new construction works of DD on February 18, 2013, to E respectively, and the Defendant entered into a contract with the above E to supply steel materials, such as a steel pond, etc. at the construction site.

C. The Defendant issued a tax invoice on the price of each material with the Plaintiff supplied the steel materials at the construction site at the above construction site, and the Plaintiff paid the price of the steel materials to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 7-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion ①, around the first place, from March 31, 2013 to November 30, 2013, the Plaintiff supplied goods, such as a general pond, presses, and lines, from the Defendant to the Defendant for the performance of construction works at the said construction site. The Defendant asserted that the Defendant is liable to return the said amount as unjust enrichment, and that the price for the goods that the Defendant paid without being supplied with the actual goods is KRW 66,957,066 ( KRW 50,737,05,05,00 at the Cwork site, KRW 16,20,061 at the D Construction site).

② Preliminaryly, the Plaintiff agreed with the Defendant and E to supply materials at another construction site and received the price from the Plaintiff, which led to deceiving the Plaintiff, and thus, the Defendant asserts that the Defendant is liable to compensate the Plaintiff for the said price as compensation for damages arising from the tort.

B. According to the overall purport of the statements and arguments in the judgment No. 4-1 through No. 6, the Defendant is supplied with the Plaintiff from April 30, 2013 to July 31, 2013.