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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. Lot Construction Co., Ltd. (hereinafter referred to as “slun Construction”) awarded a subcontract for the two sections and four sections of construction among the new construction works that were contracted by Company A, which were contracted by Company B, to Defendant Bitck Construction Co., Ltd. (hereinafter referred to as “Defendant Bck”) and the three sections of construction works to Defendant Bck Electrical Co., Ltd. (hereinafter referred to as “Defendant Bckex”), respectively.
B. Defendant Cable re-subcontracted A4 Section D’s construction work by setting the construction cost as KRW 453,897,704 on July 15, 2013 to the Codefendant Codefendant Codefendant, Ltd., Ltd. (hereinafter “TW”), KRW 453,897,704, and KRW 507,880,000 on September 9, 2013.
C. On July 2, 2013, Defendant Cex re-subcontracted A3 Section D with the construction cost of KRW 663,367,118 on July 2, 2013.
The Plaintiff is a company running the business of leasing construction machinery, heavy equipment, etc., from the time of receiving sub-subcontracts to July 2014, 4 of the accusation work unit owned by the Plaintiff (the equipment number 764, 756, 779, 781, hereinafter collectively referred to as the “instant accusation work unit”) was used at the sites of Section A2, Section 3, and Section 4.
E. On January 2014, Thaiman suspended construction works of Section A2, Section C, Section 3, and Section 4, while serving as a police officer.
[Basis] Facts without dispute, Gap evidence 1-2, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 5-1, Eul evidence 5-2 and the purport of the whole pleadings
2. Determination on the claim for rent
A. The Plaintiff asserted 1) around September 2, 2013, and around October 1, 2013, the Plaintiff leased the instant accusation work unit to the Defendant Sixex two times, with the monthly rent of KRW 440,00 (including value added tax). The Defendant Cable used the instant accusation work unit from the Defendant Sixex with the Plaintiff’s consent. Accordingly, the Defendants jointly and severally agreed to the Plaintiff for rent of KRW 18,480,00,00.