1. The plaintiff's claim is dismissed.

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

According to the purport of the records and arguments, it is reasonable to view that the Plaintiff and the Defendant suspended the transaction of supplying earth and sand, but resumed the transaction by Nonparty B’s arbitration, with the price of earth and sand KRW 25,000 per 25 tons of dump truck, and the Defendant supplied earth and sand to the Plaintiff. However, it is reasonable to deem that an implied agreement was concluded to the effect that the ordinary expenses would have been borne directly by the Plaintiff.

Therefore, there is no reason for the Plaintiff’s claim on a different premise. As alleged by the Plaintiff, it is reasonable to deem that the Plaintiff’s claim for the price of earth and sand was not included in the upper part, and the amount equivalent to the upper part (=the cost of the equipment substitute) paid by the Plaintiff is not an expense of the nature to be deducted from the price of earth and sand of this case, since the transaction was resumed with the fact that the Defendant would supply earth and sand to the Plaintiff by using the 31,000 won per 25 tons of dump truck. In other words, the change of circumstances occurred, and even if the Defendant supplied earth and sand to the Plaintiff and the Plaintiff paid the price directly.

Therefore, we cannot accept this part of the plaintiff's assertion.