1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the records of this case regarding the legitimacy of an appeal for subsequent completion, the court of first instance rendered a judgment to serve a defendant a notice of the instant complaint and the date for pleading by public notice, and subsequently accepted the Plaintiff’s claim on February 13, 2018. The original of the judgment was also served on the defendant by public notice. The defendant was issued the original of the judgment of the first instance on March 27, 2018 and became aware of the fact that the original of the judgment was served by public notice, and the original of the judgment was served by public notice, and was served on the defendant by public notice. It was recognized that the court of first instance filed the appeal for subsequent completion on April 2, 2018 within two weeks thereafter.

Thus, the defendant was unable to observe the appeal period because he was unaware of the fact that the court of first instance was sentenced due to a cause not attributable to him, and filed an appeal for subsequent completion within two weeks after the cause ceases to exist. Thus, the appeal for subsequent completion of appeal of this case is lawful.

2. Judgment on the merits

A. Fact 1) The plaintiff is a person operating construction machinery rental business. The defendant is a company established for the main purpose of mine development, etc., and has obtained mining rights to mine tin in Geumnam-gun E and F. The defendant's intervenor joining the defendant (hereinafter "participating").

(2) On September 5, 2012, the Defendant entered into a mining concession agreement with the Intervenor and the limited liability company G to grant the right to mine tin in the Defendant’s mine (registration number I and J) located in Chungcheongnam-gun, Chungcheongnam-gun, the period of existence of which is five years after determining the deposit of KRW 150 million, KRW 150 million, KRW 150 million, and KRW 15 million, and KRW 500,000,000 from the date of establishment registration. The Intervenor and G limited liability company have completed the registration of the establishment of a mining concession in their names.

3) On November 10, 2016, the Plaintiff between the Intervenor and the Intervenor, the lessor as the Plaintiff, and the lessee as the Defendant, and the lessee as the mining equipment to be used in the Defendant’s mine located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun. (L is a equipment engineer.)