The execution of delivery of the above machinery is impossible.

A. The Plaintiff’s assertion 1) around August 201, 201, the Plaintiff and the Defendant, a government-funded subcontractor, installed a floodgate (hereinafter “instant construction”).

A) As to the construction cost, the subcontract was made orally with KRW 1.3 billion, and the machines listed in the separate sheet (hereinafter “instant machines”) are included in the construction cost.

(2) The Defendant is also obligated to deliver the above machinery to the Plaintiff, and if it is impossible to deliver the machinery by concealing it, it should pay KRW 3,777,00,00 to the Plaintiff. However, the Defendant directly paid the above machinery price to C and paid the price after reducing the above construction price. 2) Accordingly, the Defendant collected the machinery without permission, even though it was owned by the Plaintiff, and the Defendant is obligated to deliver it to the Plaintiff.

B. The plaintiff's assertion is merely a worker employed by the defendant, and the original defendant did not conclude a subcontract for the instant construction project.

In addition, the instant machinery was owned by the Defendant since the Defendant directly paid the price to C.

Therefore, the Defendant did not have the duty to deliver the instant machinery to the Plaintiff.

2. Determination

A. According to the overall purport of the statements, images, and pleadings, as follows: ① the Plaintiff, the representative of the D company, requested KRW 30,77 million for the manufacture of the instant machinery on November 15, 201, and paid KRW 10,000,000 out of the above price on January 20, 2012; ② the Plaintiff supplied the instant machinery on March 5, 201 and used it to execute the instant construction; ③ the Defendant thereafter paid the instant machinery in full to C; ③ the Defendant returned KRW 10,00,000 to the Plaintiff on July 6, 2012; ④ the instant construction was suspended on April 4, 2012; ④ the construction price was suspended on January 20, 201; and ③ the construction price was paid in full by the Plaintiff on March 5, 2012; and ④ the construction price was paid in full to C; and ④ the construction price was paid in full by the Plaintiff on June 6, 2012.