A. The Defendant received an order for B maintenance work (hereinafter “instant construction work”) from the port of port and implemented it.

The defendant appointed C as a field agent at the above construction site and carried out the construction work.

B. C has registered its business under the trade name D on July 15, 2014, and completed the transfer of ownership registration for E digging machines (hereinafter “instant digging machines”) on the same day.

C. On July 15, 2014, from around September 30, 2014 to September 30, 2014, the Defendant settled 31,955,000 won (i.e., 11,715,000 won for September 10, 230,000 won by July 10, 230,000 won, including value-added tax; hereinafter the same shall apply).

[Reasons for Recognition] The facts without dispute, entry of Eul in the evidence of subparagraphs 1 through 4 (including the number of branch offices; hereinafter the same shall apply), the witness C's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion asserts that the plaintiff lent the name of C to the construction site of this case and carried out the construction work by inserting the excavation equipment of this case.

The Plaintiff asserts that the rent for equipment from October 2014 to January 2015 is KRW 35,145,000, and then the Plaintiff seeks payment from the Defendant.

B. As to this, the Defendant asserts that, inasmuch as C, an on-site agent, without regard to the Defendant, was placed at the site of this case, which is one’s own equipment, and the Defendant notified C of the removal of the above excavation engine around September 2014, which was discovered, the Defendant is not liable for the payment of equipment rent after October 2014. 2) The Defendant asserts that the use of equipment and its rent claimed by the Plaintiff cannot be recognized.

3. Determination

A. The following circumstances, namely, the Defendant appointed C as a field agent at the construction site of this case and supervised the construction site of this case, which may be acknowledged by comprehensively taking into account the basic facts as to whether the equipment rent is liable and the testimony of the witness C. The construction site of this case.