1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff and Co., Ltd. were awarded a contract for the ground-breaking work (hereinafter “instant ground-breaking work”) and the earth and sand rewing work (hereinafter “instant rewing work”) among D apartment construction work (hereinafter “instant construction work”).

B. On July 2014, the Defendant received a subcontract from the Plaintiff to collect earth and sand externally during the instant excavation work, and collected earth and sand in return for payment of KRW 80,000 per vehicle for transporting earth and sand.

C. After obtaining the Plaintiff’s permission from April 2015 to May 2015, the Defendant carried in to the extent of 2,649 vehicles, which were collected at the construction site of a nearbyter at the site of the instant remerat from April 2015 to May 2015.

[Ground of Recognition] Unsatisfy, entry of Gap evidence 2, 4 (including paper numbers), and 6, witness E and F respectively, the purport of the whole testimony and pleading

2. The parties' assertion

A. The Plaintiff asserted that: (a) from April 2015 to May 2015, 2015, the Plaintiff allowed the Defendant to enter 2,649 large quantities of earth and sand collected at the construction site of adjacent earth and sand at the construction site; and (b) in return, 40,000 won per vehicle was paid.

On April 2015, the Plaintiff, upon the request of the Defendant, reduced the amount of KRW 20,000 per vehicle to KRW 1,508.

Therefore, the defendant is obligated to pay to the plaintiff KRW 76,587,500 and damages for delay.

B. The defendant's assertion was made by the plaintiff with an indication of the audit of the fact that the plaintiff subcontracted the ground-breaking work from the plaintiff, and the plaintiff supplied earth and sand to the next construction of the case free of charge, and there is no promise to pay expenses incurred in carrying earth and sand.

3. The Plaintiff prepared a work log recording the quantity of earth and sand supplied by the Defendant during the course of the instant construction project and signed by G representative director G of the Defendant, and each time the Plaintiff is supplied with earth and sand.