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. Basic facts

A. The Plaintiff is an individual entrepreneur running construction machinery rental business.

B. On February 10, 2012, the Defendant entered into a contract for the instant contract (hereinafter referred to as “instant contract”) with the Southern-gun to supply and demand C Maintenance Work (PP) from the Nam-gun during the construction period from February 16, 2012 to December 30, 2012, with the construction cost of KRW 2,451,90,80 (hereinafter referred to as “instant construction”).

After that, the Defendant and the Navy changed the construction period of the instant contract from February 16, 2012 to February 26, 2013. On June 7, 2013, the construction cost of the instant contract was changed to KRW 2,080,086,000.

C. On March 20, 2012, the Defendant entered into a contract with D (hereinafter “D”) on the terms of subcontracting the instant construction work amounting to KRW 1,429,050,000 for the construction work period from March 20, 2012 to December 20, 2012 (hereinafter “instant subcontract”).

On December 31, 2012, the Defendant and D changed the construction period of the instant subcontract from March 20, 2012 to February 16, 2013, and changed the construction period into KRW 1,369,513,000 on June 17, 2013.

The Plaintiff leased construction machinery owned by the Plaintiff to the construction site of this case from March 2, 2013 to March 30, 2013, and from April 1, 2013 to April 16, 2013, and the usage fees for equipment during the said period are KRW 10,890,00,000 from March 2, 2013 to March 30, 2013, and KRW 2,70,000,000 in total from April 1, 2013 to April 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the Plaintiff’s construction machinery to the construction site of this case at the Defendant’s request, and the Defendant did not pay usage fee of KRW 13,590,000.

Therefore, the defendant shall pay 13,590,000 won and damages for delay payable to the plaintiff.