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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On March 20, 2013, the Plaintiff entered into a contract for temporary re-lease with the amount of KRW 11,007,00,00 from March 20, 2013 to July 17, 2013 for the temporary re-lease that is to be used for the instant construction ordered by the Busan Jung-gu Office (D flood removal facilities maintenance works). On the same day, the Plaintiff supplied the above temporary materials to C for the construction of this case and thereby the Defendant lost or damaged the temporary materials equivalent to KRW 8,32,00 among them, and thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 22,372,90,00 in total of the temporary rent and the destroyed and lost temporary materials and the value-added tax, and the delay damages therefrom.
B. Defendant C argues that it is merely a worker on duty, and that the temporary materials of the instant construction are not the head of the Defendant’s site or his agent, and that it is not the use of the Defendant’s materials, and that it is not the use of the Defendant’s materials. Thus, the Defendant cannot comply with the Plaintiff’s request.
2. The judgment below concluded a temporary re-lease agreement with C, a defendant's representative, to be used in the instant construction, and it is not sufficient that C is not the defendant's representative, and there is no evidence to acknowledge otherwise, in light of the facts and circumstances below, as to whether C is the defendant's representative.
C bears the testimony that all of the affairs, such as the purchase of materials and the lease of equipment, of the instant construction, was conducted, but only the lease contract with the Plaintiff was concluded on behalf of the Plaintiff, and it did not have been represented by the Defendant’s other subordinate companies regarding the instant construction.
B. E, which had C participate in the instant construction, submitted to the Defendant a detailed statement of use of material costs and general expenses (Evidence No. 9) during the instant construction, and the name, item, and supply price of the supplier regarding the material costs.