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. 1) The Plaintiff is a legal entity that manufactures and sells concrete pumps (hereinafter “Plaintiff”) and sells concrete pumps (hereinafter “Plaintiff”)

(2) The Defendant is a person who registered the business of the construction machinery rental business, etc. with the trade name as “C” and is the actual manager of the above C.

B. C’s operation type 1) D prepared parking lots and offices in Gangseo-gu Busan Metropolitan City I, and operated business such as leasing pumps and arranging services with the trade name “C.” 2) D invested the pumps that it managed by the construction company upon receiving orders from the construction company to provide the pumps, and among the pumps, there was a pumps operated by the owner as a direct driver by the owner, and the owner was operated by D without being operated by the owner.

3) On June 16, 2017, a driver who directly owns pumps was supplied D with work from the method of paying a certain percentage of fees to D, and a driver who is not the owner of the pumps operated the pumps under the name of another person and received monthly salary in accordance with D’s instructions. (c) D with the consent of the Defendant to prepare a contract with respect to the pumps under the name of the Defendant, and KK, which is in charge of business in the Plaintiff Company, entered into a sales contract with the Plaintiff and the Defendant that “the Defendant purchases concrete pumps (the chassis No. E; hereinafter “instant pumps”) from the Plaintiff in the name of the Plaintiff to purchase KRW 473,00,000 (including value-added tax).”

(2) The Defendant’s consent is the F Co., Ltd. (hereinafter “F”) to enter into a sales contract based on the above sales contract (hereinafter “instant sales contract”). D

From the Defendant’s name, 430,000,000 won was loaned to the Defendant, and accordingly F is around 15:01 on June 20, 2017.