1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant KRW 41,800,000 and this shall apply to the Plaintiff.

1. Determination as to the claim against the primary defendant

A. Although the Plaintiff asserted that he was using a tugboat C (hereinafter “instant tugboat”) owned by the primary Defendant at the request of the primary Defendant from May 14, 2016 to May 28, 2016, the primary Defendant did not pay to the Plaintiff KRW 41,80,000,000,000,000 for the use fee during the instant period, in towing the barge D (hereinafter “instant barge”) owned by the primary Defendant.

Therefore, the primary defendant is liable to pay to the plaintiff the above 41.8 million won and damages for delay.

B. Therefore, it is not sufficient to recognize the Plaintiff’s provision of the instant tugboat to the point of view on whether the provision of the instant tugboat was in compliance with the primary Defendant’s request. Since there is no other evidence to recognize it, the Plaintiff’s above assertion is without merit without further review.

2. Determination on the claim against the conjunctive defendant

A. At the request of the conjunctive Defendant from May 14, 2016 to May 28, 2016, the conjunctive Defendant did not pay to the Plaintiff a total of KRW 41,80,000,000 for the use fee during the pertinent period, even though the Plaintiff towing the instant barge with the instant tugboat and completed works for transporting stone and aggregate.

Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

3. If so, the plaintiff's claim against the primary defendant is without merit, and the claim against the primary defendant is with merit and it is so decided as per Disposition.