1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff claimed the Defendant for the rent of 1.5 million won for the extraction period and damages for delay thereof, and the Defendant did not pay the above rent, thereby incurring 2 million won and damages for delay. The Plaintiff claimed 2 million won and damages for delay. The court of first instance dismissed the claim of 2 million won and damages for delay, and accepted only 1.5 million won for the rent for the extraction period and damages for delay.

Since only the defendant filed an appeal, only the above 1.5 million won rent as cited by the court of first instance and the part of the claim for damages for delay is within the scope of the judgment of this court.

2. Judgment on the plaintiff's claim

A. Fact-finding 1) The gold Industry Co., Ltd. contracted D construction works conducted in Seocho-gu Seoul Metropolitan Government B and C, and among which, around December 27, 2010, subcontracted the part of the civil construction works to the Defendant in the contract amount of KRW 4,036,074,107. (2) The Plaintiff was contacted through F or G, who is an employee of the F or its employees conducting construction machinery rental business with the trade name called “E,” under the direction of the person in charge of the construction site at the above site of the Defendant from May 2, 2014 to May 4, 2014.

3) According to the standard lease table for self-owned stocks owned by the Seoul Self-Employed Stock Search Association, the lease rate of 8 hours per day is 5,10,000 won. 4) The Plaintiff and F did not receive from the Defendant the rent for the equipment related to the above excavation work.

5 E has received a request for the input of equipment from the J who operates I when using equipment at the above construction site, and even if so, the Defendant agreed to pay the rent for equipment, and accordingly, the tax invoice is also required.