The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Facts of recognition;

A. F Co., Ltd. (hereinafter referred to as “F”) was subcontracted to the Kimpo H Corporation (hereinafter referred to as “the instant construction”) from G Co., Ltd. (hereinafter referred to as “G”).

B. On September 23, 2016, the Plaintiff entered into a construction materials lease agreement with F, and supplied construction materials, such as oil pumps, at the instant construction site.

C. F had discontinued the instant construction due to the settlement of dishonor around November 2016.

Accordingly, the Plaintiff terminated the contract for the lease of construction materials with F, while notifying G that it would recover the construction materials equivalent to the description in the attached sheet name column and the shipment quantity column, which remains after supplying them to G at the same construction site. D.

On December 19, 2016, the Defendant entered into a subcontract with G on the instant construction project and performed subsequent construction works after taking over the said construction site.

E. The Defendant returned the Plaintiff’s instant materials that existed at the instant construction site from January 20, 2017 to July 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including a branch number if there is a serial number; hereinafter the same shall apply), witness J of the first instance court, K of the first instance court witness, witness of the first instance court, witness of the first instance court, witness of the first instance court L, and the purport of the whole pleadings

2. Return of unjust enrichment:

A. In light of the following circumstances, it is reasonable to view that the Defendant, at least after acquiring the construction site of this case, occupied the said construction site under its control and continued to use the instant materials for the purpose of the construction project of this case, in light of the principle of fairness.

In addition, the defendant was unable to dismantle all the materials of this case and return them to the plaintiff, and the plaintiff was also temporarily used for the aforementioned purposes until the subsequent process.