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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be found either as a matter of dispute between the parties or as a whole in light of the purport of the arguments in Gap evidence Nos. 4, 6, Eul evidence Nos. 1, 8, Eul evidence No. 10-1 through 6, Eul evidence No. 12-1, 2, Eul evidence No. 16, and 17.
The Plaintiff is a dump truck borrower and a driver, who engages in construction machinery rental business, etc. under the trade name of “F,” and the Defendant is a company that engages in construction business, etc.
B. On April 13, 2015, the Defendant entered into a construction contract with Seodaemun-gu Seoul Metropolitan Government and one lot of land (hereinafter “Hdong Housing Site Development Project”) with a contract price of KRW 300 million. D, as a site manager of the Bank of Bankruptcy, was jointly and severally liable for damages caused by the failure to perform the said construction contract by the Bank of Bankruptcy.
C. Since then, the Defendant and the G Co., Ltd. entered into a modified contract to extend the construction period on three occasions. From December 31, 2015 to June 30, 2016, the construction period was extended from December 31, 2015 to June 30, 2016, and the construction amount was increased from the previous KRW 300 million to KRW 131,35,000 by adding the total of KRW 135,000 to KRW 431,35,55,000,000, and thereafter concluded a modified contract to extend the construction period two times thereafter.
On December 5, 2016, the Defendant concluded a construction contract with D, under which the transportation and disposal of the sand generated at the site of Hdong site development works (hereinafter “instant private land transport and disposal works”).
E. On December 2016, the Plaintiff entered into a construction contract with D with a dump truck for the purpose of transporting dump trucks (hereinafter “instant construction contract”). From that time to March 2017, the Plaintiff transported sand generated at the site of Hdong site development project according to the instant construction contract.