1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 3, 2004, the Plaintiff entered into a contract with the Defendant for management of construction machinery rental business (hereinafter “instant contract”) with respect to the C Excavation equipment owned by the Defendant (hereinafter “C Excavation equipment”) on August 4, 2004, under which the Defendant would pay KRW 40,000 per month to the Plaintiff, instead of using the Plaintiff’s cycle and taking the Plaintiff’s office as the location of the business place (hereinafter “instant contract”).

B. The defendant did not use the plaintiff's periodical since 2008.

On January 11, 2012, the Plaintiff filed a lawsuit against the Defendant seeking the payment of unpaid management fees.

On May 29, 2012, the Seoul Southern District Court rendered a compulsory conciliation order with the purport that “the Defendant shall pay to the Plaintiff KRW 6 million until June 30, 2012 (including the admission fees, etc. up to June 30, 2012)” (No. 2012 Family Court No. 2012 Family Court No. 3928), which became final and conclusive around that time.

(hereinafter referred to as “instant decision”). C.

On June 28, 2012, the Defendant paid KRW 6 million to the Plaintiff according to the instant decision, and around that time notified that each of the instant excavation machines was transferred to Sungsung Construction Co., Ltd.

On July 2, 2012, the Plaintiff drafted a letter stating that “The transferee of each of the instant excavation devices is responsible for the management expenses, insurance, taxes, and all other accidents arising from each of the said excavation devices as the assignee of each of the instant excavation devices.”

E. On July 11, 2012, the Plaintiff entered the transfer ledger (the account book managed by the Plaintiff with respect to heavy equipment registered in the name of the Plaintiff) that the borrower of each of the instant mining cutting machines was changed to the Seongbuk Construction Co., Ltd. and received all management fees.

F. On July 11, 2012, the Plaintiff issued a certificate of the Plaintiff’s seal impression to the Defendant, a document necessary to proceed with the procedure for registration of transfer of ownership of each of the instant excavation machines.

G. On September 25, 2012, the Defendant sold each of the instant excavation search machines to the SP Co., Ltd., Ltd., and on September 25, 2012.