1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Facts of recognition;

A. On July 30, 2013, the Defendant was awarded a contract for the construction project to “the instant construction project” from Dongducheon-si for the construction project amounting to KRW 1,390,835,940, and the construction period from July 30, 2013 to January 25, 2014.

B. On November 29, 2013, the Defendant awarded a subcontract for the part of the instant construction work to Il Construction Co., Ltd. for KRW 189,40,00,000, the part of the instant construction work, the part of the reinforced concrete construction work, the total of KRW 467,70,000, and KRW 226,850,950,000, respectively, and the part of the water supply and sewerage construction work for KRW 883,950,00,000, respectively, and the Il Construction Co., Ltd. awarded a sub-subcontract to D Co. and E for construction work for KRW 362,00,00 for the portion of the subcontracted construction work.

C. The Plaintiff was paid KRW 26,979,150 in total, KRW 24,526,50 on January 13, 2014, and KRW 26,452,650 on January 16, 201, in return for the lease of equipment necessary for the instant construction project from Il Construction Co., Ltd.

【Reasons for Recognition】 The fact that there has been no dispute, entry in the evidence Nos. 2 through 4, 9, and 10, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant is obligated to pay the Plaintiff the amount payable for the equipment rent of KRW 14,300,000 and damages for delay, as the Plaintiff entered into a equipment lease agreement with the Defendant related to the instant construction project (hereinafter “instant lease agreement”). Even if the Defendant is not a party to the instant lease agreement, the Defendant is obligated to pay the said amount directly to the Plaintiff pursuant to the Framework Act on the Construction Industry as the original contractor.

3. Determination

A. In full view of the purport of the entire pleadings with respect to the statement of No. 3 (including a branch number; hereinafter the same shall apply) and the testimony of part of the witness F of the party trial witness under the instant lease agreement, the Defendant Field G mainly signed the work confirmation confirming the Plaintiff’s work details at the construction site of this case, and the Defendant Representative H around January 201, 2014.