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

Purport of claim and appeal

1...

A. Upon C’s request, the Plaintiff asserted that the Defendant lent the Plaintiff’s construction machinery at the Defendant’s workplace and that the Defendant would settle down the price at the end of each month.

Accordingly, from November 5, 2014 to December 1, 2014, the Plaintiff leased construction machinery to the Defendant. The Plaintiff incurred a total of KRW 14,465,00 (including value-added tax) in total of KRW 7,150,00 in equipment rental fee, KRW 5,200,00 in bitler’s cost, KRW 800,00 in transportation cost, and KRW 14,465,00 in transportation cost, but the Defendant did not pay it. Therefore, the Plaintiff is obligated to pay KRW 14,465,00 and delay damages.

B. The Defendant’s assertion that the Defendant registered the aggregate picking business as of December 3, 2014 and started production from April 2015, and thus, the Plaintiff did not need to use construction machinery during the period from November 5, 2014 to December 1, 2014, which the Plaintiff asserted that he leased construction machinery to the Defendant. The Defendant did not own, lease, or operate the place of business of aggregate picking, during that period. Therefore, the Plaintiff is not liable to pay construction machinery usage fees to the Plaintiff.

2. Determination

A. According to the reasoning of the evidence Nos. 1 through 11, 4-1, 2, and 9-1, 2, 10, 11, and 11 of the evidence Nos. 1 to 4-1, 2, and 9-1, 2, 11 of the evidence Nos. 1, and 1 and 3 of the evidence Nos. 1 and 3, the Plaintiff is an individual entrepreneur who leases construction machinery with the trade name “D,” and the Defendant is a corporation that engages in crushing of aggregate, extraction of aggregate aggregate, extraction of aggregate, retail, etc. with the trade name “stock company B,” the Defendant’s business opening date on December 16, 2013. According to the Defendant’s business registration certificate, the Defendant’s business opening date on the date of incorporation on December 16, 2013, C was registered as the representative director on February 26, 2014 to April 1, 2015.