1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Basic Facts

On May 9, 2011, the Plaintiff entered into a lease agreement with a Co., Ltd. (hereinafter referred to as “mort Construction”) to lease temporary materials to mort Construction (hereinafter referred to as “instant lease agreement”) and agreed to lease temporary materials, such as short pipes, pipes, and white tubes, according to the unit price stated in the estimate issued by the Plaintiff for type construction, and the rent shall be paid at the end of each month, and at the time of damage or destruction of leased goods, the Plaintiff agreed to receive reimbursement according to the unit price stated in the said estimate.

Co-Defendant A of the first instance trial (hereinafter referred to as “A”) jointly and severally guaranteed the obligation under the above lease agreement to the Plaintiff in the case of build-up construction with a guarantee limit of KRW 500 million and a guarantee period of KRW 500 million with respect to all temporary materials leased by the Plaintiff and unpaid rents.

On February 29, 2012, the Defendant entered his name, resident registration number, and address in a letter of confirmation stating that “I will use it at the marina complex site (hereinafter “instant construction site”) on the basis of the invoice and confirm that I will faithfully return it (hereinafter “instant letter of confirmation”) when the Plaintiff leases and uses temporary materials (hereinafter “the Plaintiff”) and then deliver it to the Plaintiff.”

In accordance with the instant lease agreement, the Plaintiff leased temporary materials at the construction site of the Heungdong-dong Non-Songdong Housing Construction and at the construction site of the instant construction site, etc., and filed a claim for rent of KRW 335,680,919 from May 31, 201 to May 31, 2013, and claimed for rent of KRW 284,374,556 (including KRW 67,429,000, which was paid as substitute for temporary materials held by the Heung-dong Construction), and did not receive the remainder of KRW 51,306,363.

The construction of a mar shall return only a part of the temporary materials leased by the plaintiff, and the remainder was damaged or lost and has not been returned.

The temporary materials that cannot be returned according to the estimate attached to the instant lease agreement.