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 contracts and leases construction machinery.

B. On February 10, 2012, the Defendant entered into a contract with the Southern-gun to supply and demand the sewage culvert maintenance work (the fourth unit; hereinafter “instant construction work”) from the ASEAN-gun with the construction period from February 16, 2012 to December 30, 2012 (hereinafter “instant contract”).

After that, the Defendant and the Navy changed the construction period of the instant contract from February 16, 2012 to February 26, 2013. On June 7, 2013, the construction cost of the instant contract was changed to KRW 2,080,086,000.

C. On March 20, 2012, the Defendant entered into a contract with B on March 20, 2012 with B (hereinafter “B”) under which the construction period for water supply and drainage works among the instant construction works was from March 20, 2012 to December 20, 2012, and the construction cost of KRW 1,429,050,000 (hereinafter “instant subcontract”).

On December 31, 2012, Defendant and B changed the construction period of the instant subcontract from March 20, 2012 to February 16, 2013. On June 17, 2013, Defendant and B changed the construction period to KRW 1,369,513,000.

C At D’s request, from April 1, 2013 to April 30, 2013, C worked at the Plaintiff’s digging pool at the instant construction site, and the equipment user fee for the said period is KRW 12,364,00.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2 (including paper numbers; hereinafter the same shall apply), Gap witness C's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was promised to pay the amount by the Defendant under an agreement with the Defendant, and lent the Plaintiff’s soft machine to the construction site of this case. The Defendant did not pay a royalty of KRW 12,364,00.

Therefore, the defendant is liable to pay the plaintiff the unpaid user fee of KRW 12,364,00 and the delay damages.

B. The defendant.