가. 원고는 “C”라는 상호로 건설기계 대여업을 운영하는 자로서, 2013. 12. 1. 소송수계 이전의 티이씨건설 주식회사(이하 ‘피고 회사’라고만 한다)에게, 피고 회사가 수급한 파주시 소재 벧엘교회 신축공사에 필요한 원고 소유의 D 기중기(LTM1080-1)(이하 ‘이 사건 기중기’라고 한다)를 월 차임 2,100만 원에 임대하였다.

B. Around 01:00 on January 17, 2014, the Defendant Company leased and used the instant devices. Around January 17, 2014, the Gucascas that was driven by a third party, shocked the instant devices at the construction site for the following work, and accordingly, the instant devices were damaged.

C. The Plaintiff asserted that the Defendant Company breached the duty of care as a tenant of the term of this case, and filed a lawsuit against the Defendant for damages of KRW 7,5160,000 due to damage to the term of this case, and damages for delay thereof. On May 27, 2014, the Suwon District Court 2014 Gohap40, which was pending in the lawsuit, commenced rehabilitation proceedings against the Defendant Company.

The Plaintiff reported the instant claim against the Defendant Company as a rehabilitation claim, but the Defendant raised an objection to the total amount of the claim.

E. On August 13, 2014, the Plaintiff submitted to this court a written request for the continuation of the proceedings against the Defendant Company, and modified the purport of the instant claim against the Defendant for the confirmation of rehabilitation claims.

[Grounds for Recognition: Evidence Nos. 1, 2, 4, 5, and 8-1, 2, 10-2 of evidence Nos. 8-1, 2, 10-2, witness E, and F's testimony, the purport of the whole pleadings]

2. Determination

A. (1) The Defendant Company asserting that the Plaintiff is liable for damages. (A) The Plaintiff’s assertion that the Plaintiff had leased the instant flag from the Plaintiff, the lessee fulfilled his duty of care as a good manager.