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1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).
Reasons
1. Basic facts
A. The Plaintiff inputs equipment (hereinafter “instant equipment”) at the site of “Discharge Structure Construction Works” (hereinafter “instant construction”) among the “C 4-lane Packing Works,” which the Defendant subcontracted from the Dong Mine Construction Co., Ltd. (hereinafter “Dong Mine Construction”), and the user fee from June 30, 2014 to December 26, 2014 is KRW 22,346,50.
B. Of the above usage fees, the Plaintiff received KRW 2 million on December 31, 2014, and KRW 10 million on May 8, 2015.
C. On the other hand, on January 7, 2015, the Plaintiff: (a) placed a provisional attachment of the Plaintiff’s share based on the Defendant’s investment certificate to the Specialized Construction Mutual Aid Association (hereinafter “instant provisional attachment”); (b) received KRW 8 million from the Defendant on May 8, 2015; and (c) withdrawn the said provisional attachment application on May 11, 2015.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. Determination as to the claim on the principal lawsuit
A. The plaintiff's assertion 1) The defendant is obligated to pay user fees for the instant equipment since he/she used the instant equipment by leasing the instant equipment from the plaintiff via D, which was one's site manager, during the instant construction process. Even if the defendant re-subcontracts the instant equipment to E, as alleged by the defendant, the plaintiff trusted the defendant as a equipment lessee by gathering such circumstances at all, and thus, the defendant is liable for the name truster under Article 24 of the Commercial Act. 2) The defendant alleged that he/she re-subcontracts the instant construction to E, and the plaintiff only leased the instant equipment according to the contract with E, and therefore the defendant is not obligated to pay user fees for the instant equipment to the plaintiff.
B. At the first instance judgment, Gap evidence Nos. 1, 2, 4, 6, 8, 9, 10, 12, 15, 17, 20, 21, 24 through 30, 35, and Eul.