1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Recognizing the facts, C, from July 8, 2013, determined the construction period from D to November 9, 2013, the construction amount of KRW 130,000,000 of the construction amount was awarded to D, which was set as KRW 130,000,000 of the construction amount.

On August 19, 2013, the Plaintiff was awarded a subcontract by C for a construction period of reinforced concrete construction among the instant new housing construction works, starting from August 23, 2013 to September 14, 2013, setting the construction amount at KRW 18 million.

The plaintiff employed the defendant, etc. to perform subcontracted work.

【In the absence of dispute, the Plaintiff’s assertion of the purport and purport of the entire pleadings, and the scope of the subcontracted construction work from C is 30 square meters in the above housing first floor, and the Plaintiff brought building materials at the construction site and left the construction work to the Defendant, etc.

However, the defendant, in collusion with C, used the building materials owned by the plaintiff at the site without permission, while performing the extended construction work on the second floor of 10.7 square meters of the above housing that is not included in the scope of subcontracted construction.

Therefore, the defendant should compensate the plaintiff for the amount equivalent to the above construction material used without permission as above due to tort damages and damages for delay.

Judgment

1. In full view of the following circumstances, it is difficult to readily conclude that the Defendant, in collusion with C, used the Plaintiff’s building materials without permission, and in full view of the aforementioned evidence and the purport of the entire pleadings, the Defendant engaged in the instant 2nd floor construction with the knowledge that the Plaintiff would use the Plaintiff’s building materials without permission, and there is no other evidence to acknowledge otherwise.

① The Defendant is merely a mere daily employed worker employed by the Plaintiff, and there is no evidence to deem that there is authority or responsibility for the supply, demand, use, and storage of construction materials put into the Corporation.

② The Plaintiff is F.