1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a person who runs a complaint work and a special place transportation business, etc. under the trade name of “C”, and the Defendant is a person who runs a creative construction business, etc. under the trade name of “D”.

B. Around May 2013, the Defendant received a subcontract from the F to which Hyundai Construction Co., Ltd. was awarded a contract for E glass Construction (hereinafter “instant glass Construction”) and re-subcontracted the said construction to G around May 2013.

C. Since June 2013, G performed the instant glass construction work. From May 14, 2014 to October 4, 2014, the Plaintiff leased the instant equipment to the site of glass construction work.

The sum of the amounts paid by the Defendant to G from June 20, 2013 to August 18, 2014 is KRW 137,551,250.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, 5, Eul evidence 2 and 3 (including branch numbers if any) and images, Gap witness G of the trial court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he leased equipment to the Defendant with the introduction of G in the Defendant’s complaint work.

G as a glass construction technician, as a field manager (agent) of the instant glass construction works requested by the Defendant, the Plaintiff entered into the instant equipment rental contract with the Plaintiff and uses the Plaintiff’s equipment. As such, the Defendant should pay the rent for the instant equipment.

Since the defendant made a labor contract to G, the defendant is in a de facto relationship between the employer and his employee, and the defendant is obligated to pay the facility rent of this case.

Preliminaryly, as the Defendant had ordered the Plaintiff to pay the equipment rent, G’s input of equipment by deceiving the Plaintiff and constitutes tort against the Plaintiff. The Defendant, as a user of G, is liable for compensating the Plaintiff for the considerable amount of the equipment rent due to G’s tort.

B. The defendant's assertion did not conclude a contract for the lease of equipment of this case with the plaintiff, and G is the defendant.