1. The plaintiff's claim is dismissed.

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

1. Circumstances leading to the dispute of this case;

A. The Plaintiff was awarded a contract from Jindo-do, Jindo-do to “B-do Public Sewerage Maintenance Work” (hereinafter “instant construction work”).

B. On May 29, 2015, the Plaintiff: (a) subcontracted the instant construction project to C in a lump sum with the subcontract price of KRW 1,151,850,000; and (b) A limited liability company E, a representative director of D, guaranteed C’s obligations under the said subcontract.

C. From July 18, 2015 to November 12, 2015, the Defendant leased construction machinery at the construction site of this case to the extent that the user fee would be equivalent to KRW 36,850,000 in total upon receiving a request from those who received C or C’s instructions from the head of the site of the instant construction project.

When leasing the above equipment, C’s employees at the construction site of this case verified the fact of leasing equipment to the work log, and stated the name of the company as the Plaintiff.

On the other hand, the Plaintiff received a tax invoice issued by directly paying the Plaintiff for the cost of equipment or goods supplied at the construction site of this case to the supplier of the equipment or goods at C upon C’s request, and paid the Defendant KRW 10,841,30,00 in total to the Defendant, such as direct transfer of KRW 7,290,00 on September 25, 2015, and KRW 1,349,80 on October 26, 2015 to the Defendant’s account.

E. On May 11, 2016, C requested the Plaintiff to suspend the instant construction work on the following grounds: “C wishes to suspend the instant construction work upon receiving KRW 750,000,000 for the subcontract price for the construction work implemented at that time.”

F. The Defendant filed an application against the Plaintiff for the payment order claiming KRW 26,008,70 not paid out of the aforementioned equipment usage fees, and on July 19, 2016, the Plaintiff paid damages for delay calculated at the rate of KRW 26,008,770 per annum to the Defendant from the day following the delivery of the original payment order to the day of complete payment.