1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a person who operates a temporary building lease business in the trade name of C, and the defendant is a company that aims at the real estate construction business.

On August 26, 2016, the Defendant entered into a contract with D Co., Ltd. (hereinafter referred to as “D”) under which the Defendant entered into a contract with D Co., Ltd. (hereinafter referred to as “D”) to grant subcontract by setting the construction cost of KRW 777,00,000 (including value-added tax) and the construction period of reinforced concrete (hereinafter referred to as “instant construction”) from August 22, 2016 to November 30, 2016.

On August 30, 2016, the Plaintiff and F drafted a lease agreement on temporary materials for building to be used in the instant construction project (hereinafter “instant lease agreement”) with the following terms, and the Plaintiff supplied temporary materials for building at the instant construction site from the same date to December 12, 2016.

Lessee: The Lessee representative Plaintiff: F (subcontract to the Defendant): the Defendant (Alley) Party shall lease the temporary materials for construction as follows:

Article 1 (Use Place of Materials) The temporary materials leased shall be used only for the expansion and rebuilding of the E Elementary School Teachers' Building Building Building in Dongdaemun-gu Seoul Metropolitan Government and 24 lots (H) G.

Article 2 (Contract Amount) The total contract amount of the lease is KRW 120,000,000 ( KRW 120,000).

Article 3 (Term of Contract) The term of this Agreement shall be 120 days, the general period of fair requirements from the date of the contract.

Provided, That when the period is extended, the lessee shall pay it according to C unit price, such as daily unit price (600 x 1200 x 1 =150 x 3.2M 1x 1 =100 ).

Article 12 (Descepting Materials, etc.) A lessor shall recognize 3% of the loss loss (abundance, cutting, or damaged material) incurred due to care due to construction by the lessee to the lessee within the extent of the shortage, and the lessee may return the materials after deducting this recognition rate.

provided that such recognition ratio exceeds that;