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

A. The Defendant is a person who engages in construction machinery rental business, etc. under the trade name of “C”.

B. From April 11, 2016 to May 11, 2016, the Defendant was carrying out the work of piling up the ground so as to cut off the ground at the construction site for the new hotel construction project site located in Gangseo-gu, Gangwon-do (hereinafter “instant construction site”). However, there was an accident where the Defendant started up the sudden piling up.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4 and 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On April 2016, the Plaintiff requested the Defendant to place the scoogs and professional engineers at the construction site of this case to store stone and carry out landscaping works.

However, the defendant did not put a professional engineer, and the defendant himself, who did not have experience in drilling and landscaping work, carried out a stone stockpiling work on his own, and due to the long time, the plaintiff suffered damages such as 21,140,000 expenses for the stone hold repair work, 21,140,000 expenses for the work person injury and damage to neighboring forests and fields.

The Defendant’s mother agreed that he would not receive money from the Plaintiff, and the Defendant said that he would not receive money from the Plaintiff even after the Plaintiff’s collapses.

The defendant is obligated to pay the plaintiff damages amounting to KRW 21,140,000 and damages for delay.

B. The Defendant did not receive a contract from the Plaintiff for a stone stockpiling and landscaping construction work, but put the scooters and articles only at the construction site of this case, and scooters work was done by the scoodr according to the direction of the scoo specialized in stone stockpiling.

The reason why the collapse of the stone was due to the plaintiff's failure to supply proper stones for the piling-up, and the construction is irrelevant to the defendant who has invested only the construction equipment.

3. Determination

A. First, the Plaintiff and the Defendant.