1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. The Defendant, while engaging in the restaurant business under the trade name of “D”, provided meals to construction workers at the construction site of “F” of the Company E (hereinafter “E”) from April 2017 to September 2017, and did not receive meal costs of KRW 10,016,60 in total, including KRW 563,200 for April 5, 2017; KRW 205,50 for June 2, 2017; KRW 2,205,500 for July 2, 2017; KRW 2,863,300 for August 2, 2017; and KRW 2,026,200 for September 2, 2017.

B. Accordingly, on October 31, 2017, the Defendant, as the Director of the Construction Site Headquarters of E, has occupied the instant construction machinery and possessed the C Construction Machinery owned by E as part of the collection of meal costs (hereinafter “instant construction machinery”) from G to the present.

C. On December 11, 2017, the Plaintiff acquired ownership of the instant construction machinery from E.

[Ground of recognition] The entry of Gap evidence Nos. 1, Eul Nos. 1, 2, 3, and 6 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. G, which is an employee of the Plaintiff’s assertion E, has no authority to dispose of the instant construction machinery, and thus, the Defendant’s possession of the instant construction machinery by delivery from G constitutes an illegal possession, and the Defendant’s lien cannot be established regarding such illegal possession.

Therefore, since the Defendant occupied the instant construction machinery owned by the Plaintiff from December 11, 2017 to the date, the Defendant is obligated to deliver the instant construction machinery to the Plaintiff, and to pay KRW 12,900,000 (=43 days from December 11, 2017 to January 22, 2018 x 300,000 per day).

(b) Article 58 of the Commercial Act, where a claim arising from a commercial activity between merchants is due, the obligee may retain the things or securities owned by the obligor which are possessed by him/her through a commercial activity with the obligor until repayment thereof is made.

However, there is an agreement between the parties.