2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 2015, the Defendant awarded a contract for C Corporation (hereinafter “instant construction”) for KRW 1.69.5 billion from Nam-gu, Ulsan Metropolitan City (hereinafter “Seoul Metropolitan City”). On January 2016, the Defendant subcontracted the packaging construction of the instant construction to D Co., Ltd. (hereinafter “D”) KRW 400 million (the construction cost is changed to KRW 600 million).

B. From January 2016 to November 201, 2016, the Plaintiff provided operations for leasing and packing the digging machine equipment at the construction site of this case.

C. From January 2016 to June 2016, the Plaintiff issued a tax invoice with D as the person who was supplied with D and received all equipment costs for the issuance of the said tax invoice. From July 2016 to October 2016, the Plaintiff issued the tax invoice with the Defendant as the person who was supplied with the tax invoice. The Plaintiff did not receive KRW 33,825,000 as the equipment cost for the issuance of the said tax invoice.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 11 and 15, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff is the defendant's technical director, who was requested from E to install equipment at the construction site of this case as the person responsible for the construction site of this case, and the plaintiff and the defendant have been engaged in the work. Thus, the defendant is obligated to pay 3,825,00 won for the unpaid equipment.

On the other hand, the defendant asserts that he is only D's employee and is not the defendant's employee who can conclude a contract on behalf of the defendant, and that there is no contract between the plaintiff and the defendant and there is no obligation to pay equipment cost.

B. Under agreement with E, the Plaintiff, who was working at the construction site of this case, provided operations for the lease and packing construction of the digging equipment to the packaging work of this case at the construction site of this case, may not be disputed between the parties or may be recognized by the witness E’s testimony.