2. After an appeal is filed.

A. The plaintiff is a person engaged in sea disaster rescue and diving equipment leasing business under the trade name of "C", and the defendant is a representative director of D Co., Ltd. established for the purpose of salvage and repair business of ships.

B. On September 16, 201, the Defendant had the Plaintiff use diving heads (hereinafter “instant equipment”) from the Plaintiff, which was returned by the Plaintiff around September 16, 2012.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 23 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. On September 201, the Plaintiff asserts that the Defendant is obliged to pay the Plaintiff the total amount of KRW 27 million (=3 million x 9 months) and damages for delay, as he/she made an oral agreement by leasing the instant equipment to the Defendant on September 1, 201, while paying the monthly usage fee of KRW 3 million from the Defendant.

However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant made an oral agreement to pay the Plaintiff KRW 3 million per month as the fee for the use of the instant equipment to the firstman on September 2011, and there is no other evidence to deem otherwise.

Therefore, the plaintiff's primary claim that differs from this premise is without merit.

3. Determination as to the first preliminary claim

A. On September 201, 201, the Plaintiff asserted that the Defendant leased the instant equipment to the Defendant, setting the period of use from September 201 to December 201, 201. The Defendant, without justifiable grounds, returned the instant equipment to the Plaintiff only after around September 16, 2012, which was nine months after the expiration date of the said period of use, and around September 16, 2012.

As the Defendant did not arbitrarily refund the instant equipment to the Plaintiff for about nine months, the Plaintiff incurred damages equivalent to KRW 27 million in total (=3 million per month user fee x nine months) due to the Plaintiff’s failure to lease it to a third party. Thus, the Defendant paid damages to the Plaintiff KRW 27 million and damages for delay.