The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance (1. basic facts). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(hereinafter the meaning of the terms used in this section is the same as that of the first instance judgment). 2. Summary of the parties' arguments

A. Plaintiff 1’s construction site at the construction site of this case was supplied with ready-mixeds from the Defendant for approximately KRW 384 cubic meters from April 10, 2017 to May 8, 2017, and paid KRW 23,465,00 to the Defendant at the construction site of this case. Since the construction of ready-mixeds was completed on or around May 22, 2017, the Plaintiff was not supplied with ready-mixeds from the Defendant. In addition, the Plaintiff was supplied with the studio construction site of Ulsan-gu, Ulsan-gu (hereinafter “the studio construction site of this case”).

In addition, the defendant supplied ready-mixeds from the defendant. Some of the ready-mixeds asserted by the defendant that they supplied to the construction site of this case are related to the studio construction site of this case, and the defendant paid 16,492,040 won to the defendant and the above ready-mixed also paid the price for the above ready-mixed. Nevertheless, the defendant applied for compulsory auction on the plaintiff's real estate upon the decision of the payment order of this case. The execution based on the payment order of this case should be rejected (hereinafter "the first note").

(2) Preliminaryly, the Plaintiff paid KRW 16,492,040 to the Defendant with respect to ready-mixed supplied with studio at the construction site of this case. If the payment of the above amount is not effective, the Defendant made unjust enrichment equivalent to the above amount. Thus, the Plaintiff’s claim for return of unjust enrichment is offset against the claim for return of unjust enrichment amounting to KRW 17,579,650 with automatic claim.

(hereinafter referred to as the “section 2”). (b)

The Defendant supplied ready-mixed supplied at the instant construction site from March 21, 2017 to July 10, 2017 is about 642 cubic meters and the price is KRW 42,86,250,000, whichever is about 42,86,250, and the Plaintiff was 23.