1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The scope of the judgment in this Court claimed from the first instance court for the payment of rent from October 2016 to December 2, 2016 by the Plaintiff of the other workshop B (hereinafter “instant equipment”).

The court of first instance accepted the plaintiff's claim for rent, dismissed the claim for damages, and only the plaintiff appealed the claim, so the scope of the judgment of this court is limited to the claim for damages.

2. Basic facts

A. The Plaintiff is a person engaged in the business of leasing construction machinery, equipment, and parts, and the Defendant is a corporation established for the purpose of leasing, installing, and dismantling other workshops.

B. On October 26, 2015, the Plaintiff agreed to lend the instant equipment to the Defendant; concluded a lease agreement with the Plaintiff, which provides for about 10 months of the lease period and 3.2 million won per month of the user fee (excluding value-added tax) (hereinafter “instant agreement”); and transferred the instant equipment to the Defendant.

C. The instant contract contains the following descriptions as to the responsibility for the transportation, installation, and management of equipment:

Article 3 [Installation, Dismantling, Transportation]

1. The transport of equipment shall be carried out under the responsibility of Party A (Defendant; hereinafter the same shall apply);

2. Installation and cancellation shall be enforced by A, and the costs thereof shall be borne by A;

Article 4 [Maintenance, Management and Repair]

1. The equipment during the lease period shall be managed under the responsibility of the Party A;

2. A/S costs for parts, repair personnel costs, and all other expenses shall be borne by B (the plaintiff; hereinafter the same shall apply);

Provided, That in the event that equipment is damaged or destroyed due to care due to the use of equipment, A shall bear the burden.

Article 5 (Responsibility for Accidents and Obligation of Completion Inspection)

1. A shall be liable for any accident, damage, or theft that has occurred when the installation or demolition of equipment, and A shall be liable for any damage inflicted on other persons, such as human life, underground, and ground dangerous substances, etc. in the workplace during the period of lease;

2. Duties of completion inspections conducted by the Industrial Safety Management Corporation and its corresponding duties;