1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2014, the Defendant, upon the Plaintiff’s introduction, purchased 6,090 square meters (hereinafter “instant land”). Around that time, the Plaintiff and the Defendant concluded a contract with Nonparty C to collect and remove earth and sand of the instant land, but to pay the price for reclaiming 3,250 square meters owned by the Defendant to the Plaintiff.

B. Under the above contract, the Defendant consented to the Plaintiff to use the instant land, and the Plaintiff obtained permission to collect earth and rocks on the instant land from the competent authority around March 4, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 6 (including each number, hereinafter the same shall apply), Eul evidence 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion on July 3, 2015 and the Defendant

7. 5. The Plaintiff’s workplace in the instant land was found and the Plaintiff’s act of gathering earth and sand was committed by force.

As a result, the plaintiff did not work any more than 36,030,000 won in total for sprinks, dump trucks usage fees and personnel expenses. The defendant is obligated to pay the above 36,030,000 won to the plaintiff as compensation for damages.

B. According to the evidence Nos. 1 and 2, the Defendant’s statement on July 3, 2015; and

7.5. Although it is acknowledged that the Plaintiff’s gathering work was suspended on the instant land, the evidence submitted by the Plaintiff alone is insufficient to recognize the Defendant’s above act as a tort of interference with business by force, and there is no other evidence to acknowledge it otherwise.

Rather, in full view of the written evidence Nos. 1 through 4 and the fact-finding results of this court’s subordinate fact-finding to the Korea Military Service, the Defendant gather earth and sand to the extent that the Plaintiff is unlikely to suppress or confuse free decision-making by threatening the Plaintiff to take out more than the original contract.