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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' assertion
A. From June 1, 2014 to January 31, 2015, the Plaintiff leased temporary materials to the Defendant for the Jeju Innovation City site. The Defendant shall pay the Plaintiff rent of KRW 33,484,356 and KRW 9,450,100 in total and KRW 42,934,456.
B. As the Plaintiff concluded a temporary re-lease agreement with the Defendant and supplied the temporary materials, the Plaintiff cannot claim a rent, etc. under the said agreement against the Defendant, who is not a contracting party to the said temporary re-lease agreement.
2. The fact that there is no dispute over judgment, and according to Gap evidence No. 2, the fact that the plaintiff supplied temporary materials to the new site of the Nano Innovation City B, which the plaintiff performed by the defendant, and the plaintiff issued a tax invoice of KRW 4,868,391 on July 31, 2014, KRW 259,651 on August 31, 2014, KRW 21,486,414 on March 12, 2015.
However, the following circumstances recognized by the purport of Eul evidence Nos. 1 through 6 (including the provisional number) and the entire pleadings are as follows: the defendant entered into a subcontract with the defendant for the mold construction among the above construction works; accordingly, the defendant directly executed the mold construction among the above construction works; when the defendant claims for progress payment by specifying personnel expenses, material expenses, etc., the defendant directly or through A, paid personnel expenses, material expenses, etc.; the plaintiff's temporary expenses were included in the written request for the above progress payment; the plaintiff issued a tax invoice on March 12, 2015; and issued the tax invoice on March 16, 2015 against the defendant on March 16, 2015; the defendant did not purchase or process the tax invoice for the tax invoice issued on March 12, 2015; the plaintiff did not prepare a temporary lease agreement between the defendant and the defendant; and the plaintiff was also at another construction site prior to the above construction works.