1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The status of the parties is a company that conducts the building business, the business of leasing industrial safety products, etc., and the defendant is a company that performs the construction of a tourist hotel (hereinafter “instant construction”) under a contract for the construction of a tourist hotel in leisure time D, and C Co., Ltd. (hereinafter “C”) is a company that subcontracted the part of the instant construction work from the defendant.

B. On May 26, 2017, the Plaintiff entered into a lease agreement with C on temporary materials to be used at the construction site of this case (hereinafter “instant lease agreement”). The main contents are as follows.

Article 1 (General Provisions) The plaintiff leases temporary materials to C, and C leases them and pays the rent to the plaintiff.

Article 2 (Terms and Conditions of Contracts) (1) Since it is impossible to determine the quantity of rental materials due to a future flexible transaction at the time of the formation of a lease agreement, only the unit price for each material shall be specified by appendix 1, and the details of rental materials continuously and continuously made after the establishment of the lease agreement shall be settled after the settlement of accounts after the completion of the lease agreement,

Article 9 (Lease Period) (1) The lease period shall be from the date following the date of shipment to the date of refund.

Article 11 (Rents) (1) Rent shall be calculated by applying the rental rate attached thereto to the number of days of use, and the methods shall be as follows:

Rent = [1st day user fee 】 Basic fee] 】 quantity of use 】 Article 12 (Arrears for Delay of Payment) C shall pay the late payment charge calculated by the rate of 20% per annum to the plaintiff when the payment is delayed within the agreed date for payment.

Article 14 (Expenses for Destruction) (1) Any condition in which repairs are impossible in its original form due to plucking, plucking, cutting, interim part wastes, etc. of leased materials, shall be treated as waste materials.

Where rental materials are lost due to waste materials, etc., C shall be the plaintiff separate from rental fees.