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. Reviewing the determination of the cause of the claim, based on the overall purport of Gap evidence Nos. 1, 2, 4, 6, and 7 and all pleadings, the plaintiff from June 5, 2018

7. By December 2, 200, the Defendant lent construction machinery, such as Pocul, etc., to be used in the removal work of DPP factory located in Busan-gun, Busan-gun (i.e., KRW 18,194,00 for June 2018) (i.e., KRW 18,194,00 for usage fees of KRW 8,321,50 for usage fees of July 27, 2018). The Plaintiff may recognize the fact that the Plaintiff received from E, a person ordering the removal work, the principal contractor, KRW 13,451,620 for the above construction machinery usage fees (i.e., KRW 4,354,620 for KRW 9,00 for usage fees of June 27, 2018).

Therefore, the Defendant is obligated to pay the Plaintiff fees of KRW 13,063,880 (i.e., KRW 26,515,500 - KRW 13,451,620) and damages for delay calculated at the rate of 15% per annum from November 3, 2018 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.

2. The defendant's assertion that since the plaintiff agreed to receive construction machinery usage fees directly from F, the defendant is not liable for paying the usage fees to the plaintiff. However, the evidence submitted by the defendant alone is insufficient to recognize the fact that F, in lieu of paying the usage fees directly to the plaintiff, the plaintiff, the defendant and the F, the fact that the plaintiff, the defendant and the F, agreed to exempt the defendant from the obligation to pay the usage fees.

3. If so, the plaintiff's claim should be accepted for the reasons, and the judgment of the court of first instance is just in the same conclusion, and the defendant's appeal is dismissed.