1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) constituted D Co., Ltd., E Co., Ltd, and F Co., Ltd. and contracted G Co., Ltd. (this Section) from the Korea Water Resources Corporation on June 26, 2017, and subcontracted E-LINE construction among G Co., Ltd. (hereinafter “H”) to H (hereinafter “H”) on November 30, 2017.

B. On December 4, 2017, H leased from the Plaintiff during the period from December 4, 2017 the port of navigation (including the chief of the port and the head of the Ban) a monthly rent of KRW 60,000,000 (excluding value-added tax) and the period of use from December 4, 2017 to January 6, 2018.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 3, Eul evidence 9 and 10, the purport of the whole pleadings]

2. Determination on the cause of the claim

A. 1) Defendant C promised to pay rent to the Plaintiff on behalf of Defendant B, and the Plaintiff expressed his/her intent of joint and several sureties. That is, when the Plaintiff demanded the direct payment of rent for Defendant B at the early stage of the construction work and discontinued the operation of equipment, Defendant C continued to supply equipment and human resources by deeming that “the construction would continue to be paid in Defendant B.” Even if Defendant C had no authority to act on behalf of the Plaintiff, an expression agent is constituted. 2) The Plaintiff may exercise the Plaintiff’s right to claim the construction cost against the Defendant B by subrogation, so the Defendant is liable to pay the Plaintiff the construction cost.

3) As long as Defendant B did not pay the construction cost because it used the Plaintiff’s equipment, it should be returned without any legal cause, so long as it did not pay the construction cost. 4) The Plaintiff leased equipment and installed without any legal obligation with the intent of the Plaintiff for the construction work of Defendant B, who is another person. As such, Defendant B should pay the Plaintiff the expenses for the management of the work.

5 Defendant B is obligated to pay rent to the Plaintiff pursuant to Articles 32(4) and 35(2)1, 4, and 5 of the Framework Act on the Construction Industry.