The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. Basic facts

A. The Defendant was supplied with civil engineering works among the instant construction works, as a corporation with the aim of building business, such as soil construction business and reinforced concrete, which is a corporation that is engaged in building business.

B. The Plaintiff used the refratulation that E (F) leased from G (H company) to remove trees and maintain land at the site of the instant construction work from March 2018 to May 20, 2018.

C. On April 30, 2018, the Plaintiff issued a tax invoice of KRW 44 million, including value-added tax, to the Defendant on April 30, 2018 as the Plaintiff’s ASEAN’s representative, and E issued a tax invoice of KRW 14,30,000,000, including value-added tax, as the wooden equipment on the same day.

On May 12, 2018, the Defendant remitted the construction cost of KRW 10 million to the agricultural bank account of the JJ of the Plaintiff.

E. After suspending the construction, the Defendant paid KRW 8,633,750 among the labor costs and equipment costs for sawh L, which were incurred by the Plaintiff at the site of the construction in this case, to KRW 8,633,750 among the labor costs and equipment costs for sawh L, ② KRW 4,50,000 for transportation (M), ③ KRW 8,500,000 for Bags (N), ④ KRW 4,000 for Bags (N), ⑤ KRW 60,000 for Megs (N), and KRW 30,73,750 for Megs (4.5 million), and KRW 10,230,00 for waste treatment.

F. The Plaintiff sold the raw timber cut at the construction site of this case in KRW 23,356,140.

[Ground of recognition] Evidence Nos. 1, 2-2, 19, 4, 6, 12, and the purport of the whole pleadings

2. The parties' assertion

A. On March 20, 2018, the Plaintiff and the Defendant entered into a construction machinery lease agreement with the Plaintiff on the construction site of this case where the construction work for the removal of trees and the maintenance of land access roads was to be paid KRW 8.5 million per month (283,000 per day).

Under such contract, work is underway from March 20, 2018 to May 22, 2018.

It was suspended due to the breakdown of the refratator.

In June 2018, the work is suspended, and it is necessary to keep the police.