1. The plaintiff's claim is dismissed.

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

1. On August 26, 2015, the Plaintiff was awarded a subcontract for civil engineering works among the above construction works, which are jointly undertaken by the C Apartment Construction Industry Co., Ltd. (hereinafter referred to as “Co., Ltd.”) and the C&C Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”).

The Defendant (mutually referred to as “D”) entered into a construction machinery lease agreement with the Plaintiff on December 7, 2015, and leased the crypator to the same site from that time until February 29, 2016.

In the process of the construction project, the plaintiff has been suspended from the construction project on December 31, 2015.

On March 31, 2016, the Siljin Construction Industry Co., Ltd. terminated the subcontract with the Plaintiff.

In December 2015, the Plaintiff paid only the rental fee up to December 2015, and did not pay the rental fee in January or February 2016, the Defendant claimed the performance guarantee insurance provided at the time of the contract and received KRW 9,350,000 from January 2016.

Although the defendant claimed 6.710,00 won of the monthly rent for February 2016, the defendant did not receive insurance money due to the plaintiff's objection and the filing of the lawsuit in this case.

[Ground of recognition] Facts without dispute, Gap 3 evidence, Eul 1-6 evidence, the purport of the whole pleadings

2. The parties' assertion

A. On February 2016, the Defendant’s assertion that E, the head of the Plaintiff’s site office, would give the Defendant the opportunity to pay the rent for two months, even if there is a problem at the site. As such, the Plaintiff is obligated to pay the rent for two months.

B. The Plaintiff’s assertion that the construction work was suspended on December 31, 2016, and thereafter the subsequent rental fee should be paid by the company which ordered the construction industry to which the contractor belongs.

E is merely a fact that the field materials were observed, and did not issue a work instruction to the defendant at the time.

3. When comprehensively considering the aforementioned evidence, witness F and E testimony, the Defendant entered into a contract with the Plaintiff Company on December 2, 2015 and entered into the contract with the Plaintiff at this site, and the Plaintiff’s suspension of construction work on February 2016, the contractor Hojin Construction Industry Promotion Committee, as the contractor, H. In February 2016, 2016.