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1. The judgment of the first instance, including the claim of the Plaintiff’s succeeding intervenor added at the trial court, shall be modified as follows.
Reasons
1. Basic facts
A. On January 9, 2009, the Plaintiff entered into a contract on the production and treatment of aggregate between D and D (hereinafter “D”) and the content that the Plaintiff was awarded a contract for the production and treatment of aggregate by processing the raw rocks generated in the process of construction of logistics warehouses and appurtenant facilities in Ulsan-gun E and 36 lots (hereinafter “instant construction site”).
B. After that, the Plaintiff, D, and J Co., Ltd. (hereinafter “J”) reached a three-party agreement on the production, sale, etc. of aggregate that the Plaintiff produces aggregate and sells aggregate at the instant construction site where D had ownership and right to quarrying permission.
C. On July 25, 201, the Plaintiff and the Defendant entered into a string lease agreement with the Defendant to rent KRW 42 million on a monthly basis, and around March 2012, the Plaintiff, who owns the said string equipment, installed Stockholm files and sand screening equipment (hereinafter “instant string equipment”) with the string equipment (hereinafter “instant string equipment”) and installed the string equipment (hereinafter “instant string equipment”) and generated aggregate using the instant string equipment from June 2012.
Around August 29, 2014, the Defendant entered into a contract for aggregate production under the terms and conditions that were awarded a contract for aggregate production within the construction site of this case between September 2014 and June 30, 2015, and the Defendant entered into a contract for aggregate production under the same terms and conditions as the foregoing with C Co., Ltd., a work executor who was a changed work for aggregate extraction, on or around January 30, 2015, with the term of contract from September 2014 to June 30, 2015.
E. The Plaintiff’s succeeding intervenor: (a) a claim based on the original of a payment order with executory power over the goods payment case against the Plaintiff, Changwon District Court Decision 2014Da1639, Kimhae-si, 2010, KRW 60,246,429 = the principal amount of KRW 34,161,60 from July 2, 2014 to April 9, 2018.