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. Basic facts

A. The Plaintiff is a company that is engaged in the power generation and lease business, etc. with the trade name of “B,” and the Defendant is a company that mainly focuses on salvage business and ship dismantling business.

B. On July 22, 2013, the Defendant contracted C with salvage work of “D”, a sunken vessel owned by the Defendant.

After all, C's defect in need of power generator while conducting the above salvage work, the defendant requested the plaintiff's father and business employee E to lease power generator at KRW 1,300,000 per month of rent, around August 2013.

C. Accordingly, on September 2, 2013, the Plaintiff transported one of the instant power generators (hereinafter “the instant power generator”) to the tugboat and put it into the scene of the salvage operations. On January 2, 2014, the instant power generator was taken over on September 2, 2014 and transported it to the tugboat.

On the other hand, the Plaintiff spent KRW 300,000 (=150,000 per tugboat transport cost x 2) with the transport cost of the instant power generator.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 and Eul 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff is a party to the contract where the defendant leased the power plant of this case, and is obligated to pay the plaintiff the total rent of KRW 5,200,000 (=one thousand three months per month x four months), transportation cost of KRW 300,000, and delay damages.

As to this, the defendant asserts that the contracting party who has leased the power plant of this case is C, who is the contractor for salvage work, and the defendant merely mediates the lease contract between the plaintiff and C, so it cannot respond to the plaintiff's claim seeking payment of rent and transportation cost of the power plant of this case.

B. As to who the lessee of the instant power generator, the following circumstances, i.e., ① the Defendant himself/herself, based on the following facts: (a) the evidence evidence No. 2 and No. 3, as well as the overall purport of the pleading.