1. The plaintiff's primary claim added in the trial is dismissed.

2. The plaintiff's appeal is dismissed.

3. Appeal.

1. Basic facts

A. The C Housing Redevelopment and Improvement Project Association (hereinafter “Union”) that formed the Busan Dongdong-gu B Day as a project implementation district, selected a corporation as a Si construction project, and entered into a contract for construction works with a Sille Construction. The Dok Construction Co., Ltd. (hereinafter “D”) subcontracted the removal, dismantlement work (hereinafter “instant construction”) to D (hereinafter “D”).

B. D requires construction machinery, such as digging machines, and human resources to carry out the removal and dismantlement work at the construction site of this case. As a construction machinery operator, D agreed to lease construction machinery with its pilot, as a construction machinery operator, from E, who is a land owner, and had him/her take charge of the removal and dismantlement work by mobilization and management of construction machinery and human resources.

E put one unit of construction machinery owned by itself and one unit of construction machinery leased by the Defendant into the construction site of this case for removal and dismantlement work.

C. However, due to the shortage of construction machinery, when the progress speed of the removal and dismantlement work becomes worse, D’s site manager introduced the Plaintiff who is an employee of E to engage in construction machinery leasing business. The Plaintiff entered into a construction machinery lease agreement with H (hereinafter “instant construction machinery lease agreement”) between H and then removed and dismantled the Plaintiff’s construction machinery at the construction site from April 7, 2014 to June 30, 2014.

D At the request of E, from January 19, 2014 to October 28, 2014, the Defendant paid 210,175,900 won to the Defendant’s bank account, either directly or through the partnership, and the Defendant paid the remainder after deducting 35,420,000 won of its construction machinery from E’s rent to E at the request of E, and the Plaintiff was not included in the customer who requested payment other than E.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3 may have evidence.