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 plaintiff's assertion

A. The Plaintiff received a request from the Defendant for installation and lease of pents and rains necessary for the construction of the construction site of the Incheon Jung-gu Cultural Complex, Jung-gu, Incheon, which was contracted by the Defendant from the Jung-gu Office, and entered into a verbal contract with the Defendant for the installation and lease period of three months and 9.5 million won (Additional Tax) (hereinafter “instant contract”).

B. Around January 14, 2016, the Plaintiff completed the installation of pents and rains at the above site in accordance with the instant contract, but the Defendant did not pay the installation cost and the materials rent, and damaged the utility by arbitrarily cutting materials, or by neglecting or destroying them.

C. The Defendant shall compensate the Plaintiff for damages equivalent to the same amount, since the Plaintiff, even if the Plaintiff did not have the intent or ability to pay the price even if the pents and rains were installed under the instant contract, had the Plaintiff induced the Plaintiff as if he were to pay the price, thereby causing damages, such as the installation cost and the cost of material leasing.

In addition, as seen above, the defendant has arbitrarily cut, left alone, and destroyed the utility of the materials installed by the plaintiff, so the damage to the plaintiff shall also be compensated for.

In accordance with a verbal contract without specifying each amount of damages, the Plaintiff sought payment of the amount equivalent to the claim amount, since the materials rent is KRW 1,343,760 per month, and only the rent from April 11, 2016 to the date of closing argument.

2. Determination

A. First, we examine whether the instant contract was concluded between the Plaintiff and the Defendant.

According to the overall purport of evidence Nos. 6-4, 5, 9, 10, and 11, the Plaintiff is a corporation F and the Defendant, one of whom the Defendant’s representative directors, filed a complaint with D and the site manager E due to fraud, damage to property, etc. on or around March 4, 2017, concluding the instant contract at the time of making a statement at the police around March 4, 2017.