1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

Around June 2014, the Defendant asked the Plaintiff to lease the digging machine to the Plaintiff for the purpose of exercising the right of retention at the construction site located in Daejeon. Accordingly, the Plaintiff leased the 360 square meters to the Defendant with the use fee of KRW 10 million per month and KRW 3 million per month, and accordingly, on June 22, 2014, the Plaintiff parked the instant equipment at the construction site located in Daejeon at the Defendant’s request, and the Plaintiff collected the instant equipment four months after the Defendant did not pay the use fee. Accordingly, the Defendant is obligated to pay the Plaintiff the use fee and the transport fee of the instant equipment for the period of four months.

In addition, the defendant, around June 2014, intended to collect 200 million won against C in lieu of the plaintiff's claim, and received 20 million won from the plaintiff by deceiving the plaintiff. Since the plaintiff revoked the above collection agreement on the ground of deception, the defendant is obligated to return the above 20 million won to the plaintiff as unjust enrichment.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 40 million (i.e., KRW 10 million x 4 months), KRW 6 million transportation fee of the instant equipment (=3 million x 2 times), KRW 66 million in total, and damages for delay.

Judgment

In the following circumstances, there is no objective evidence to deem that there was an agreement between the Plaintiff and the Defendant on the usage fee of the instant equipment as KRW 10 million per month and KRW 3 million per month, and in the case where the Plaintiff filed a complaint against the Defendant for fraud regarding the payment of the usage fee of the instant equipment, the Plaintiff did not have an agreement with the Defendant on the usage fee of the instant equipment at the time of bringing the instant equipment to the site, and did not have an agreement on the usage fee of the instant equipment and the transport fee.