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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 Plaintiff asserts that the Defendant is obligated to pay rent of KRW 8,168,00 for rent based on the above mid-term rental agreement, as the Plaintiff entered into a rental agreement with the Defendant on or around November 2013, and leased equipment on the site of the Gyeonggi-gun B Facilities Corporation (hereinafter “instant construction”) constructed by the Defendant from around that time to December 18, 201 of the same year.
First, as to whether the Plaintiff entered into the above heavy equipment lease contract with the Defendant, the testimony of the witness C at the first instance trial alone is insufficient to recognize that the Plaintiff is the Defendant, and there is no other evidence to acknowledge that the other party who entered into the above heavy equipment lease contract was the Defendant.
Rather, according to the purport of Gap evidence Nos. 2 and Eul evidence Nos. 1 through 4 and the whole pleadings, the defendant subcontracted to Seoan Development Co., Ltd., Ltd. (hereinafter "Saunan Development") for the construction cost of KRW 149,754,00 during the instant construction work, and Seoan Development had D employed by himself/herself take charge of the duties of the site manager of the instant construction site, and the plaintiff prepared a standard form contract with D during the period from December 12, 2013 to September 19 of the same month. In full view of the above facts of recognition, the counter-party who concluded the above rental contract with the plaintiff seems to have developed Seoan Development.
Therefore, the plaintiff's above assertion based on the premise that the plaintiff entered into the above heavy equipment rental contract with the defendant is without merit to further examine the remaining points.
2. On November 201, 2013, the Plaintiff entered into a lease agreement for the development of Seocho-gu and the equipment above, and leased the above equipment to the development of Western-gu from around that time to December 18 of the same year, and the Plaintiff’s failure to pay for the development of Western-gu.