1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added by this court.

1. Basic facts

A. On June 22, 2015, the Defendant, the executor of the construction works for the new construction of a land canal wells (hereinafter “instant construction works”), both E and two parcels, entered into the instant construction contract with the Intervenor joining the Defendant (hereinafter “ Intervenor”). On July 1, 2015, the Intervenor entered into a subcontract for construction works among the instant construction works with I operating G around July 1, 2015, and D case acquired the status of G and carried out construction works.

B. On July 17, 2015, H agreed to lease the temporary materials necessary for the structural construction from the Plaintiff, who was entrusted with the structural construction of the instant construction project, with the name of D around July 17, 2015 (hereinafter “instant contract”). The Plaintiff paid KRW 10,000,000 to the Plaintiff.

On the other hand, the contract of this case contains the following descriptions:

F L J E H H H M NP Q

C. From September 2, 2015 to April 5, 2016, the Plaintiff received rent under the instant contract from I or DDR operating G, and was returned the remainder of the temporary materials, excluding the temporary materials partially lost on or around January 23, 2017, for which the instant construction was completed.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 7 evidence, Eul's 2 evidence (including provisional number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the argument is that the lessee of the instant contract is either the intervenor or the H and the Defendant jointly and severally guaranteed the lessee’s obligation, or H and the Defendant entered into the instant contract as a joint lessee.

Therefore, the defendant is a joint and several surety of the intervenor who is the primary debtor and bears the responsibility under the contract of this case as a joint and several surety of H, who is the primary debtor, or a joint lessee with H and joint lessee. Thus, the defendant is not paid the temporary rent of 95,407,893 won from April 1, 2016 to January 23, 2017, and the cost of temporary re-payment of 19.