1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion was awarded a contract for the Daegu Dong-gu B construction work from the Busan Regional Aviation Authority, and among which, among which, the construction of reinforced concrete was awarded a subcontract, it subcontracted it to the Taehan Construction Co., Ltd. (hereinafter "Than Construction").

The Plaintiff entered into a contract on the use of equipment for construction machinery between July 2016 and December 201 of the same year after the Plaintiff entered into a contract on the use of equipment for the construction machinery, and performed the work at the site, and the user fee is KRW 41,030,000.

On October 10, 2016, the defendant agreed to pay the above equipment user fee directly to the plaintiff in lieu of the construction of Thailand.

Therefore, the Defendant is obliged to pay the Plaintiff the above equipment usage fee of KRW 41,030,000 and damages for delay.

2. We examine whether the Defendant agreed to pay the above equipment user fee directly to the Plaintiff on October 10, 2016, instead of the construction of solar trees.

According to the statement in Gap evidence No. 4 (Unwritten Confirmation), the fact that "if the plaintiff is not paid KRW 30,216,00 (including value-added tax) for pumps equipment for August and September 2016, it is recognized that the plaintiff promises to directly pay the payment within 15 days after receiving the progress payment (the trade name before the change to the defendant), which is an original contractor, (the trade name before the change to the defendant), from the three Jeju Construction (the trade name before the change to the defendant)."

However, under Article 326 (1) of the Civil Procedure Act, a document may be submitted in lieu of the original, original, or certified certified copy, or in lieu of the original as the original. If the other party acknowledges the existence or establishment of the original and objects to it in lieu of the original, a copy may be submitted in lieu of the original. In such a case, the same effect as the original is submitted. On the other hand, if a copy is submitted as the original, the copy shall be independent.