A. On February 2014, the Plaintiff entered into a temporary re-lease agreement with Defendant C (hereinafter “instant lease agreement”) and leased materials, such as water pumps, from March 3, 2014, to the site of construction works in the private-purpose D (Cheongju), which the Defendant B performed.

B. In returning the Plaintiff’s temporary materials remaining at the site following the termination of the above temporary materials lease agreement between the Plaintiff and the Defendant C, Defendant B, around November 2014, agreed that the Plaintiff’s temporary materials remaining at the above site should be returned later.

C. The amount of temporary materials leased by the Plaintiff to the said site and the date of delivery are as indicated in the respective item column of the date of shipment and delivery of the attached list. The amount of the temporary materials returned to the Plaintiff by January 20, 2015 and the date of delivery are as indicated in the respective item column of the date of storage and delivery of the attached list.

Items and quantities of temporary materials not returned to the Plaintiff are as stated in each item of the material column for unclaimed in the same Table, and prices calculated by multiplying each unit price and unit price by quantity shall be as stated in the column and sale column of the attached sheet.

【The Plaintiff and Defendant B Co., Ltd.: The fact that there is no dispute, Gap’s Nos. 1, 2, 6, 8 through 12 (including each number), witness E, and the purport of the entire pleadings and arguments, between the Plaintiff and Defendant C: Confession

2. The assertion and judgment

A. The Plaintiff asserted that, as the actual party to the instant lease agreement, Defendant B was not obligated to return the temporary materials due to the termination of the lease agreement, and thus, the Plaintiff is obligated to pay the amount equivalent to the unclaimed temporary materials due to damages arising from nonperformance. The reasons why Defendant B was the party to the instant lease agreement, are ① as a director of the Defendant B corporation or the Defendant.