2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a person operating construction machinery rental business, and the Defendant is a corporation established for the purpose of construction, civil engineering, leisure business, etc.

B. The defendant, who is the person ordering C&A, awarded a contract for the construction project to D, and the plaintiff supplied equipment equivalent to KRW 4.95 million at the above construction site at the request of D, but did not receive KRW 2.95 million out of the price.

C. Around June 13, 2016, the Defendant agreed to pay the equipment cost to the Plaintiff of the LAD and the KAD directly by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the above agreement is a contract for the plaintiff, a third party, which was concluded between the defendant and the Dispute Resolution Co., Ltd., and as long as the plaintiff claims equipment costs based thereon, it shall be deemed that the defendant expressed his/her intent to make profits against the defendant. Thus, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum from August 22, 2018 to the day of complete payment, which is the day following the delivery of the original copy of the payment order in this case, which the plaintiff seeks.

3. The plaintiff's claim should be accepted for the reason that the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed.