1. The Defendant (Counterclaim Plaintiff) paid KRW 6,346,50 to the Plaintiff (Counterclaim Defendant) and its related amount from January 17, 2015 to November 11, 2015.

1. Basic facts

A. From June 30, 2014 to December 26, 2014, the Plaintiff leased equipment (PP) to the site of “Discharge Structure Construction Works” (hereinafter “instant construction”) subcontracted by the Dong Mine Construction Co., Ltd. (hereinafter “Dong Mine Construction”) and supplied equipment (hereinafter “instant construction”). The user fee is KRW 22,346,50 (hereinafter “the instant equipment user fee”).

B. Of the instant fee for the use of equipment, the Plaintiff received KRW 6 million on July 2, 2014, KRW 2 million on December 31, 2014, and KRW 16 million on May 8, 2015.

C. Meanwhile, on the other hand, on January 7, 2015, the Plaintiff received KRW 8 million from the Defendant on May 11, 2015, a provisional attachment of the Plaintiff’s share based on the Defendant’s investment certificate for the Special Construction Mutual Aid Association (hereinafter “instant provisional attachment”) as the claim for the royalty of the instant equipment, and then withdrawn the said provisional attachment application on May 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 2, 5, 12, 15, 17, and 18, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant is obligated to pay the user fee of the instant equipment since he/she used the equipment from the plaintiff through D, which was his/her on-site director, during the construction of the instant case.

Even if the defendant re-subcontracts the construction of this case to E as the defendant's assertion, such circumstances cannot be asserted against the plaintiff who trusted the defendant as a equipment lessee and is liable as the nominal lender.

On the other hand, the withdrawal of the provisional attachment of this case by the Plaintiff is based on the circumstance that the Defendant issued an advance payment guarantee for other construction works from the Specialized Construction Credit Union and received the advance payment and would pay all the remainder of equipment usage fees.