1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

1. Facts of recognition;

A. The Plaintiff is a business operator who operates construction materials leasing business with a trade name called C.

B. D Co., Ltd. (hereinafter “Nonindicted Company”) was awarded a contract for the E-transfer new construction work from Jeonnam-do (hereinafter “instant construction work”), and the Defendant was awarded a subcontract for the instant construction work from the Nonparty Company around July 2017.

C. Around July 2017, the Plaintiff entered into a contract with the Defendant to lease temporary materials for construction, such as basin pumps, pipes, and scoop, to be used for the framework construction during the instant construction (hereinafter “instant lease contract”) and supplied the temporary materials for construction at the site of the instant construction project.

On November 2017, the Defendant removed from the construction site of this case after completing the subcontracted construction work, and at the time of the removal, the Plaintiff collected and returned temporary materials leased in accordance with the instant lease contract at the construction site of this case.

Meanwhile, at the time of collecting temporary materials leased by the Plaintiff to the Defendant pursuant to the instant lease agreement, the non-party company agreed to continue to use the above temporary materials for the external construction during the instant construction project, and accordingly, did not recover the limits at the site of the instant construction project.

E. On November 2017, the Plaintiff issued a tax invoice of KRW 41,800,000 in total to a person who was supplied with the Defendant after settling accounts with the Defendant for the instant lease agreement. The Defendant paid the said amount to the Plaintiff in full.

F. On May 23, 2018, the Plaintiff filed a lawsuit against the non-party company seeking payment of the non-party company fees at the construction site of this case under the Gwangju District Court 2018Kadan2828, and then withdrawn the lawsuit after receiving KRW 25,00,000 from the non-party company.

In addition, around August 14, 2018, the Plaintiff recovered the Plaintiff’s remaining materials at the construction site of this case.

[Judgment of the court below]