1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 25, 2010, the Plaintiff’s main purpose is the commercial agricultural management and the manufacture of enzymal ymal ymal ymal ymal ymal ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym ym s

B. On July 15, 2010, the Plaintiff entered into a contract for supply of earth and sand (hereinafter “instant contract”) with the Defendant, who is engaged in earth and sand construction business, to collect earth and sand from 34, e.g., e., g., e., e., e., e., g., e., e., g., e., e., e., g., e., e., e., g., e., e., e., e., e., e.,

C. Pursuant to the instant contract, the Defendant supplied the Plaintiff with a total of KRW 132 million (including value added tax) from July 2010 to December 2010. The amount of KRW 15 million from the Plaintiff as the price for the instant contract is KRW 15 million, and the same year.

8. 27.20 million won, per year;

9. On November 19, 200 of 29.13,556,00 won, KRW 15 million on the same year, KRW 26.9,101,055 on November 26, 200 of the same year, KRW 6 million on December 13, 196, KRW 200,000 on December 21, 201, KRW 93,657,05 on January 21, 201, including KRW 3 million.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 36, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay KRW 38,342,945, which deducts KRW 93,657,055, which was already paid out of KRW 132,000,000, which the Plaintiff completed delivery according to the instant contract. Even if the Defendant paid the cost of using equipment or oil invested in earth and sand collection to the Plaintiff on behalf of the Plaintiff, the Defendant did not consent or consent of the Plaintiff, and thus, the said remaining amount against the Plaintiff on this ground.