1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who engages in construction machinery rental business, etc. in the name of “E” in Syang-si, and the Defendant is a corporation with the aim of engineering work, etc.

B. On March 201, 201, smuggling-si performed the “sewage-gu Maintenance Project” construction on the part of the said construction works. The Defendant contracted for the part of the said construction works, and Samsung Environment Construction Co., Ltd. (hereinafter “Tsung Environment Construction”) subcontracted the construction of the water supply and drainage facilities (hereinafter “instant construction”).

C. The Plaintiff entered into a lease agreement to lease Samsung Environment Construction, Dump trucks, etc. with a rent of KRW 300,000 per day. From May 201 to September 201 of the same year, the Plaintiff leased cump trucks, etc. for the instant construction work.

The plaintiff was unable to receive rent, even though he lent a dump truck, etc. as above.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), witness C of the first instance trial, the purport of the whole pleadings

2. The Plaintiff asserted that, around June 201, the Plaintiff suspended the lease of a refratulation, etc. on the ground that it was not paid rent from Samsung Environment Construction, and that the Defendant agreed to deduct the above rent from the construction price to be paid to Samsung Environment Construction, and that the Plaintiff would pay the said rent to the Plaintiff immediately upon receiving the payment of the construction price from Samsung Environment Construction.

Accordingly, the Plaintiff leased the excavation season, etc. to the lieutenantn on September 2011, and the Defendant is obligated to pay the Plaintiff the sum of the rent payable to the Plaintiff KRW 26,510,00.

3. In full view of the fact that the Defendant paid part of the wages in the construction site of this case as a result of the occurrence of a dispute over the rent and delayed payment of wages at the construction site of this case, considering the statement of Eul No. 4, and the witness of the first instance trial as to the witness of the first instance trial, the fact that the Defendant paid part of the wages directly.

However, such.