Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The Plaintiff is a person engaged in construction machinery rental business under the trade name of “C,” and the Defendant is a company that aims at facility works, soil construction business, etc.

B. From March 4, 2019 to March 20, 2019, the Plaintiff engaged in the work to cut-off season (F) owned by the Plaintiff at the site of the Gyeonggi E-U. E-U. Housing Complex Development Project performed by D (hereinafter “D”).

C. On March 31, 2019, the Plaintiff issued a tax invoice of KRW 6,270,000 of the equipment rent to the Defendant. Around May 7, 2019, the Plaintiff sent a certificate of demand for the payment of the equipment rent to the Defendant, but the Defendant refused this.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the Defendant was awarded a subcontract for civil engineering works jointly with G, and had the Plaintiff rent and work for the construction work. Even if the subject is G alone, the Defendant owned a construction license and allowed G to use the Defendant’s name. Therefore, the Plaintiff is liable to pay the equipment rent.

B. The Defendant’s assertion D subcontracted a civil engineering work from the Plaintiff for the construction work, and leased a digging machine from the Plaintiff for the construction work, is G and is irrelevant to the Defendant. Therefore, the Defendant did not have a duty to respond to the Plaintiff’s claim.

3. Determination

A. First, as to whether the Defendant was awarded a subcontract for a civil engineering work jointly with G and had the Plaintiff rent and work for that construction work, the health team and the evidence submitted by the Plaintiff alone are insufficient to recognize it, and there is no other evidence to acknowledge it.

B. Next, as to whether the Defendant permitted G to use the Defendant’s name, the part on the Defendant’s signature and seal among the evidence Nos. 4 through 8, and the Defendant’s signature and seal among the evidence No. 5, is established.