1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 18, 2014, the Defendant (the Defendant’s trade name was changed from the Daean Construction Co., Ltd. to the Daean Construction Co., Ltd. on March 28, 2016) was awarded a subcontract for the instant construction work among the road construction work (hereinafter “instant construction work”) by the member General Construction Co., Ltd. (hereinafter “Nonindicted Company”) during the road construction work, and waived the instant construction work on October 20, 2015.

B. On August 2014, the Defendant concluded a contract to lease 25 tons dump truck (hereinafter “instant contract”) with the Plaintiff for the instant construction. The Defendant paid the Plaintiff KRW 4,070,070, including the value-added tax per 1 cubic meter of transport soil on transport charges.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 3 and 10 (including additional numbers), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. According to the Plaintiff’s assertion agreement, the Plaintiff injected 25 tons of dump trucks at the construction site of the instant construction site, and transported earth and sand from August 2014 to September 3, 2015.

However, the Defendant paid transport charges to the Plaintiff from August 2014 to May 2015, but did not pay transport charges of KRW 43,480,690 on June 2015, transportation charges of KRW 31,415,780 on August 2015, and KRW 80,765,410 on September 2015.

On the other hand, on July 26, 2016, the Plaintiff received KRW 23,600,000 out of the transport fees from the non-party company, the contractor of the instant construction.

Therefore, the defendant is liable to pay the plaintiff the unpaid transportation fee of KRW 57,165,410 and the delay damages.

B. According to the testimony of the witness C in each of the evidence Nos. 2, 3, and 1 of the judgment health unit A, C prepared a confirmation certificate stating the vehicle number, frequency of transport, etc. from May 28, 2015 to June 25, 2015, and C prepared a receipt certificate stating the loading volume, vehicle number, etc. from August 10 to September 3, 2015, and the Defendant’s purchase letter stating the Plaintiff’s 43,480,690 won with earth and sand transport charges on June 30, 2015 and KRW 31,415,780 with earth and sand transport charges on September 1, 2015.