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 leases construction machinery under the trade name of “C”, and the Defendant is a representative director of D Co., Ltd. (hereinafter “D”).

B. On October 25, 2013, D received from E Co., Ltd. a contract for the relocation installation work (hereinafter “instant relocation work”) from E Co., Ltd. and subcontracted the instant relocation work, etc. to the representative G of F Co., Ltd. on November 5, 2013.

C. The Plaintiff entered into a rental agreement with the representative G of the F Company, which is necessary for the instant relocation work, and leased three straws under the said agreement.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not receive KRW 26,250,000 (hereinafter “instant equipment costs”) from the Plaintiff, even though the Plaintiff leased three straws to be used at the site of the instant relocation project in accordance with the agreement with the representative G of the F company.

Accordingly, when the Plaintiff demanded the principal E Co., Ltd. to pay the above amount, the Defendant requested the Plaintiff to suspend the demand for repayment to the E Co., Ltd. on or around December 2013, and the Defendant agreed to pay the instant equipment by subrogation.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 26,250,000 for the instant equipment cost in accordance with the above agreement.

B. The Defendant’s assertion was written to the extent necessary to determine.

The defendant, upon agreement with the FF company, only stated that D can pay the cost of the instant equipment.

Therefore, it cannot be said that the defendant is liable to pay the above payment to the defendant.

3. The following circumstances acknowledged by the respective descriptions of evidence Nos. 4, 5, and 6 and the purport of the entire pleadings, namely, the Plaintiff’s assertion, that is, the Defendant, according to the Plaintiff’s assertion, personally pays for the instant equipment cost even if it is not the debtor.