A. The Plaintiff is a person who runs the stone construction and sales business under the trade name of “C,” and the Defendant was a person who runs the new construction and sales business of housing, and was engaged in the construction of multi-household houses on the ground of Guro-gu Seoul Metropolitan Government (hereinafter “instant construction”).

B. On November 2015, the Defendant awarded a contract to the Plaintiff for the construction of building stones for the interior and exterior walls of the instant construction work in KRW 40 million, and made a verbal agreement to pay the construction price in installments in line with the base price.

(hereinafter “instant contract”). The Plaintiff imported the instant stone and brought it into the instant construction site on December 23, 2015 for the purpose of carrying out the said construction work. The Plaintiff demanded the Defendant to pay pre-payment of KRW 20 million of the construction cost, and the dispute arose between the parties.

C. After February 2016, the Plaintiff and the Defendant agreed that the Defendant shall accept the Plaintiff’s stone in KRW 10 million and carry out stone construction works through another construction business operator. However, the Plaintiff refused to take over stone on February 13, 2016, and obstructed the progress of the new construction business operator’s stone construction works.

Accordingly, on February 19, 2016, the Defendant moved the Plaintiff’s stone buried at the construction site of this case to another place, purchased separate stone materials, and carried out stone construction.

E. On the other hand, on May 19, 2016, the Plaintiff filed a lawsuit against the Defendant to the effect that the instant contract was terminated due to the Defendant’s cause attributable to the Seoul Southern District Court 2016Gaso53952 (hereinafter “related lawsuit”), but the said court rendered a judgment against the Plaintiff to the effect that the instant contract was terminated due to the Plaintiff’s cause attributable to the Plaintiff on April 25, 2017, and the said judgment became final and conclusive due to the Plaintiff’s failure to file an appeal.

F. On the other hand, the defendant, on January 12, 2017, on which the pertinent lawsuit was pending, was stoned in the Gyeyang-do.