1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The mining port Co., Ltd. (hereinafter “mining port”) contracted 7 sections of the Seo-gu, Seo-gu, Seo-gu, Incheon District Land and Housing Corporation to dismantle structures at the 7th section, Seo-gu, Seo-gu, Incheon District, and subcontracted the construction work to the Defendant for the removal of obstacles (the subsequent construction cost is changed to KRW 540 million). The content of the contract was that the Defendant would remove obstacles to the construction site using heavy equipment.

B. The Defendant filed a lawsuit against the luminous Governor for claiming the rent for construction machinery, etc. under the Incheon District Court 2013Gahap2053, but withdrawn the lawsuit on January 2, 2014, and thereafter, filed a lawsuit for claiming the rent for construction machinery by the Incheon District Court 2014Gadan68449, and thereafter, on October 6, 2015, the judgment became final and conclusive around October 6, 2015, that “the amount of luminous navigation shall be KRW 27,342,857, and the amount calculated at a rate of 20% per annum from October 29, 2014 to October 6, 2015, and the amount from the next day to October 6, 2015 shall be paid to the Plaintiff at a rate of 20% per annum.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap No. 15, 20, and 21, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant did not have the ability to perform the Plaintiff’s screening work during the process of removing obstacles at the instant construction site, and requested the Plaintiff to perform the screening work using the Plaintiff’s equipment, and that KRW 100 million out of the equipment rental fee was directly paid by the Plaintiff from the prime contractor, and that the Defendant agreed to pay the Plaintiff the equipment rental fee generated in excess of KRW 100 million after the settlement of accounts thereafter.

Accordingly, from November 14, 2012 to June 24, 2013, the Plaintiff invested two parts of the excavation season to the Defendant and carried out the scrap rail selection work at the instant construction site. Accordingly, KRW 100,000,000,000, out of the equipment usage fees of KRW 186.8 billion, the Plaintiff was directly paid from the original contractor, but the remainder of KRW 86,80,000,000,000,000,000 paid by the Defendant.