1. The Defendant’s KRW 34,400,788 as well as the Plaintiff’s annual rate of 6% from September 16, 2014 to October 2, 2014.

1. The parties' assertion

A. The Plaintiff supplied sewage for the construction of the access road to the golf course from the Defendant, and the construction was suspended due to the Defendant’s fault, thereby making it impossible to implement the construction.

The defendant is obligated to pay the plaintiff the construction cost according to the main contract, and ② the compensation for damages due to the impossibility of performance as preliminary.

B. The contract was concluded to pay the construction cost after the completion of the Defendant-project, and the Plaintiff failed to complete the construction due to the cause attributable to the Plaintiff, thus, there is no obligation to pay the construction

2. Facts of recognition;

가. 원고는 ‘C’라는 상호로 굴삭기를 사용하여 돌쌓기 공사 및 건설기계 대여 등을 하는 자이고, 피고는 토목건축공사업 등을 업종으로 하는 회사이다.

B. On June 16, 2014, the Plaintiff supplied sewage to KRW 15,000 per square meter (excluding value-added tax) with respect to the construction of piling-up access roads to the E golf course located in Pakistan-si, Pakistan-si (hereinafter “instant construction”) from the Defendant, on condition that it shall be paid at the end of 45 days after the actual settlement of accounts after the construction.

C. The construction process of the instant case was carried out by the Plaintiff with the operation of the scambling season, and the F, employed by the Plaintiff, designated the location of piling up stones with the Plaintiff, and he stored stone and corrected the shape of stone to the water work.

Daily employed by the Defendant supported F as signal numbers while performing the work of filling a hole or crepans between stones arising in the course of piling up stones.

The Defendant’s employees visited the construction site of this case 5,6 times a day, check the progress of the construction site of this case, check the work order, examine the work by conducting the survey, and request the completion of the construction of this case rapidly and repeatedly by extending working hours.

F around 7:20 on July 23, 2014, around 7:20, the part of the stable was crashed while checking the progress of the 15m stable at the construction site of this case, and the said part was crashed, and the chest part was faced with a stone.