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. The parties' assertion

A. The plaintiff's assertion is a business operator who contracts construction machinery with the trade name of B, and the defendant is a company engaged in civil engineering work, etc.

The Plaintiff lent mid-term and dump trucks, etc. to the Defendant, and on July 31, 2015, the outstanding amount of KRW 1,155,000, and the outstanding amount of KRW 3,223,000, respectively, from August 1, 2015 to September 2, 2015.

Therefore, the defendant is seeking to pay the sum of the outstanding amounts to KRW 4,378,00 and delay damages.

B. From October 2015, the construction site where the Plaintiff leased the Plaintiff’s assertion during the middle period, etc. was the construction site D and C, and C decided to undertake the said construction work by entering into a subcontract from the Defendant, but failed to perform the construction work properly.

Since a person who carried out construction at the time of the Plaintiff’s lending agreement, the parties to the lending agreement are not the Defendant but C.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 5, the following facts are acknowledged: ① the Plaintiff incurred KRW 4,378,00 from July 2015 to September 2015 by leasing a mid-term, dump truck, etc. at the Defendant’s D construction site; ② the Plaintiff incurred a claim equivalent to KRW 1,540,000 by leasing equipment at the aforementioned construction site on December 24, 2013; and on May 27, 2015, a claim equivalent to KRW 4,400,000 by leasing equipment at the aforementioned construction site; ③ the Defendant paid the Plaintiff KRW 1,540,00 on March 31, 2014; and the Defendant paid KRW 4,400,400 on May 27, 2015 to the effect that each of the above claims was repaid.

In light of the above facts of recognition, it is reasonable to view that the party to the lease agreement on the Plaintiff’s instant equipment is the defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff rent for the instant equipment, etc.

Meanwhile, according to the evidence Nos. 1 and 2, the Defendant subcontracted the above construction to C on October 31, 2013 by the construction period from July 3, 2013 to July 3, 2014.