1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who mainly engages in construction machinery contracting and lending business with the trade name of “C” and “D”, and the Defendant is a person who was an access holder to the Cheongyang-gun Office and runs an individual construction business with the trade name of “E”.

B. The Mine Reclamation Corporation ordered an “F business” for the purpose of restoring the mining damage of farmland under the downstream of a mine contaminated by asbestos.

C. The Defendant is to obtain permission to collect earth and stone for the restoration project in relation to the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the co-owned land of G and H (hereinafter “each of the instant land”). The Plaintiff agreed to collect earth and stone from the Plaintiff at the permitted site by either ordering the Plaintiff to work or using equipment, and transport earth and stone to the supply site.

On January 25, 2013, the Plaintiff paid KRW 60,000,00 to the Defendant respectively as the survey and design cost for collecting earth and stones, in total of KRW 30,000,000,000 on June 26, 2013.

E. Around September 2013, permission for collecting soil and rocks from each of the instant land was granted to the Defendant on or around September 2013.

F. On September 2, 2013, with regard to collecting earth and stone from each of the instant land under the name of the Defendant, the Plaintiff is “a partnership agreement with the Defendant on September 2, 2013” with regard to collecting earth and stone from 192,00 cubic meters, as follows:

AB concluded the agreement.

1. Upon commencement of the work, the Defendant and the Plaintiff agree on the input and place of work of all equipment.

However, when there is an objection between the defendant and the plaintiff, the plaintiff shall follow the defendant's decision.

2. The plaintiff agreed with the defendant to not terminate work at will until the completion of the work, and the defendant during the process of not performing the promise.