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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 19,272,00 as well as to the plaintiff on February 2, 2013.
Reasons
1. The party's assertion
A. The Plaintiff’s assertion 1) On December 28, 201, the Gwanak-gu Seoul Special Metropolitan City Office ordered “C Installation” (hereinafter “instant construction”) to the Defendant on December 28, 201. From May 15, 2012 to August 17, 2012, the Plaintiff leased the excavation season at the construction site of the instant construction site, and the Defendant’s employees D used the digging season from the Plaintiff and signed it on the work confirmation. Accordingly, the Defendant, as a lessee, is obligated to pay the Plaintiff a total of KRW 20,372,00 in equipment rent (i.e., KRW 18,520,00 in equipment rent of KRW 18,52,00 in equipment rent of KRW 18,52,00 in value-added tax).
3) Even if the above D or the Defendant did not have the authority to act on behalf of the Defendant to subcontract the construction work, the Defendant assumes the responsibility for expressive representation pursuant to Article 125 or 126 of the Civil Act, and even if the act of D or E constitutes an unauthorized representation, the Defendant confirmed the act of unauthorized Representation of D or E by paying part of the equipment rent. (B) The Defendant’s assertion 1) merely subcontracted the instant construction work to E (F representative) and completed the settlement of construction price between E and E on September 12, 2012.
2) The Defendant did not enter into a contract for the lease of equipment with the Plaintiff, and was not aware of the “D” alleged by the Plaintiff (the person in charge of the instant construction site is G).
2. Determination
A. In full view of the respective descriptions of Gap evidence Nos. 1, 2, 4, 6, and 9 (including paper numbers) and the overall purport of the pleadings, the following facts may be acknowledged:
1) From May 15, 2012 to August 17, 2012, the Plaintiff: (a) leased H to the construction site of the instant construction project; (b) drafted a “standard construction machinery rental contract certificate” on the work content and amount to be used on each working day; and (c) D is called “B State,” “contractor and on the site” column.