1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The party's assertion

A. The Plaintiff’s assertion 1) On June 23, 2009 between the Plaintiff and the Plaintiff, the Defendant entered into a vehicle rental contract with respect to BM520 vehicles with the term “building fee of KRW 600,000 per month, and the term of lease from June 23, 2009 to April 16, 201. The Defendant leased the said vehicle over the term of the said contract and actually used the said vehicle. 2) Accordingly, the Defendant was liable to pay the Plaintiff a total of KRW 13.2 million by August 22, 2010.

Therefore, the Defendant is liable to pay the Plaintiff the unpaid rental fee of KRW 5.1 million (=13.2 million - 7.390 million) and damages for delay.

B. The defendant's assertion that the defendant did not lend a vehicle from the plaintiff, and the entry in the "vehicle rental contract" (Evidence A 1-2) submitted by the plaintiff is not the defendant's pen.

2. Determination:

A. The Plaintiff submitted Gap evidence No. 1-2 (each vehicle rental contract) as evidence to prove that the vehicle rental contract was concluded with the Defendant, but there is no evidence to prove that the entry of the entry in the above document is the Defendant’s written entry, and there is no other evidence to support that the vehicle rental contract was concluded between the Plaintiff and the Defendant.

B. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with this conclusion different.

Therefore, the defendant's appeal is accepted and the judgment of the first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.