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. Basic facts

A. The Plaintiff is a person who is engaged in the business of leasing heavy equipment, such as tea, etc., and is engaged in the business of leasing heavy equipment, such as the Defendant’s Macra, etc.

B. The Plaintiff and the Defendant carried their respective equipment into the site construction of multi-family housing site C (hereinafter “instant construction”) in Kimhae-si, and carried out construction work.

C. The Plaintiff failed to receive the construction cost of KRW 1430,00 (hereinafter “instant construction cost”) that was invested in the instant construction work.

[Reasons for Recognition: Facts without dispute, entry of evidence No. 1, purport of the whole pleadings]

2. Assertion and determination

A. The plaintiff asserts that the defendant is obligated to pay the construction cost of this case, since the construction contract was concluded with the defendant and the construction work of this case was carried out.

In regard to this, the Defendant introduced the Plaintiff to D who is carrying out the instant construction work, and did not directly conclude a contract for construction with the Plaintiff, and the Defendant did not receive the payment of the construction cost from D after inserting equipment into the instant construction work.

B. The Plaintiff and the Defendant testified between the Plaintiff and the Defendant that the construction contract was concluded between the Plaintiff and the Defendant that the Defendant would put the equipment into the instant construction project and pay the construction cost therefrom to the Plaintiff, as evidence consistent with the Plaintiff’s assertion (Evidence A 1) and witness E of the first instance trial.

However, in the case of the statement of transactions, the Plaintiff was prepared without the Defendant’s involvement; ② even according to the testimony of the above E, E appears to be not well aware of the process of construction after the introduction of the Plaintiff to the Defendant; ③ D submitted a confirmation of fact that “The construction contract was concluded with the Plaintiff introduced by the Defendant and the construction work was not made but the Plaintiff was not paid the construction price; ④ the Plaintiff issued a tax invoice with the Defendant as the recipient of the instant construction payment.”