1. The appeal is dismissed.

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

Purport of claim and appeal

In the judgment of the first instance.

1. Basic facts of the request;

A. The Plaintiff’s temporary materials supply 1) The Plaintiff is a company that operates a business leasing the temporary materials for construction, and the Defendant is a construction company. 2) On December 8, 2014, the Plaintiff purchased the new construction of welfare facilities for the aged (hereinafter “instant construction”) on the ground E of the Chungcheongnam-gun, Chungcheongbuk-gun, Chungcheongnam-do, 2014 (hereinafter “instant construction”). Nonparty E Co., Ltd. (the owner of a medical corporation I (hereinafter “I”), the implementer, C original contractor, and the Plaintiff.

K. The relationship between the owner and the implementer is unclear.

(A) From December 8, 2014 to April 20, 2015, the Plaintiff entered into a lease agreement to lend temporary materials to KRW 63,960,00 (value-added tax separate). Around that time, K, the primary contractor of the instant construction site, supplied temporary materials, such as mobile rain meters, pipes, ductss, safety launch plates, and lobs, etc., to the said construction site. (iii) On February 2015, K, the subcontractor, due to its default or subcontractor, did not waive the instant construction and did not return the temporary materials supplied by the Plaintiff.

B. G’s involvement 1) From Nonparty L, who was known to the general public, concluded a contract on construction work with Nonparty L to receive KRW 5.5 billion (excluding value-added tax) the construction cost of “trade name A: name A, name A:O(C) at the time of registration of the Defendant’s representative director, and Defendant’s representative director, who used it, followed the instant construction work under the Defendant’s name; and “M will proceed to the instant construction work;” and “M” was voluntarily inserted without the Defendant’s permission. 2) G visited the instant construction site office on June 9, 2015, and entered into a contract on construction work with Nonparty D, who was represented by the owner of the instant construction site, and the instant construction work to receive KRW 5.5 billion from the construction cost (excluding value-added tax).

3 G aims to increase the I and the construction cost as KRW 6.1 billion on June 11, 2015.