1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a company for the purpose of leasing and selling materials for building, and the Defendant is a company for civil engineering and construction works. 2) The Defendant contracted with the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Apartment Construction Work from C, and entered into a subcontract construction contract with the E Co., Ltd. (hereinafter “E”) on July 11, 2016 to contract the part of the relevant construction work (hereinafter “instant construction work”).

3) On August 19, 2016, the Plaintiff and E concluded a temporary re-lease agreement for the Plaintiff to lease temporary materials necessary for the instant construction to E (hereinafter “instant lease agreement”). At the time, the Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay material costs under the said lease agreement.

The main contents of the instant lease agreement are as follows.

1. Details of leased articles: Temporary materials of a temporary site other than a relics;

2. Term of lease: From the first date of delivery to the date of completion of half of materials supply (standards for delivery sites and delivery sites);

4. Delivery place: Yeongdeungpo-gu Seoul Metropolitan Government D Apartment Housing (hereinafter referred to as the “instant construction site”).

5. Method of Payment of Materials Price: By the 60th day of the following month after a request for electronic tax invoice at the end of the 30th day of each month, the cost of loss of the cash payment condition shall be subject to separate consultation at the time of application or settlement, and shall be paid within 60 days from the date of request.

6. Details of a special agreement: If the lessee fails to pay the rent for two months, the lessor may request the lessee to notarized a loan for consumption specifying the deposit date, and the lessee shall consent thereto and proceed thereto.

(Matters of Special Agreement)

1. During the construction period of the instant construction site, the Plaintiff and E are all relevant data based on facts to the Defendant so that the Defendant can confirm the fact of transaction between the Plaintiff and E, in the event that the Plaintiff’s delay of the cost of materials, the cost of materials destruction, the cost of on-site adjustment, etc. during the transaction process under the contract with E.