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. Facts of recognition;

A. On April 1, 2015, the Defendant concluded a subcontract with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the part of the D New Construction Works (hereinafter “instant construction”) as the construction period from April 1, 2015 to August 30, 2015 (including value-added tax) with respect to the construction of reinforced concrete among D New Construction Works (hereinafter “instant construction”).

B. Around that time, the Plaintiff concluded a lease agreement between the non-party company and the non-party company with the content that the Plaintiff would lease the construction site of this case.

C. After that, around November 1, 2015, the Plaintiff entered into a lease agreement with the head of the Defendant’s site E who represented the Defendant on behalf of November 1, 2015, with the purport that the Defendant will succeed to and use the Plaintiff’s temporary materials leased at the instant construction site for the non-party company from December 1, 2015, and that the rent shall be paid in cash as of the end of the following month (hereinafter “instant lease agreement”).

Article 2 of the instant lease agreement provides that “In the event that B (Defendant) delivers goods to the warehouse of A (Plaintiff) and the amount of the returned goods and the amount of the shipment certificate are different, the Plaintiff and the Defendant shall grasp the quantity along with the Plaintiff, but the amount of the returned goods shall be the quantity that the Defendant confirmed and corrected by the Plaintiff when the Defendant does not accompany. Within three days, the amount of the notice of the repair results sent by the Plaintiff may be recognized as the amount to be returned by the Defendant. Within three days, the Defendant may raise an objection to the repair result, and the subsequent objection shall not be recognized.” Article 5 provides that “The Defendant shall use the leased goods only at the place of succession and return, and the damaged goods, the repair of which is impossible at the time of the completion of use, shall be treated as the discarded goods, and shall be compensated to the Plaintiff at the unit price of the destruction as specified in Article 1.”

(e) it;