1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 13, 2014, the Defendant awarded a subcontract for reinforced concrete construction work (hereinafter “instant construction”) among multi-household housing construction works in Bocheon-si, Seocheon-si, for construction cost of KRW 138,930,00, and paid the said construction price to the Authority Construction Co., Ltd. (hereinafter “Authority Construction”).

나. 원고는 권명건설과 사이에 샷보드, 각파이프, 안전발판 등 건축가설재(이하, ‘이 사건 가설재’라고 한다) 임대차계약을 체결하였고, 이 사건 가설재를 이 사건 공사현장에 인도하였다.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1 to Eul evidence 6, purport of whole pleadings.

2. The assertion and judgment

A. (1) The plaintiff asserts that the defendant is liable to pay the Plaintiff rent of KRW 51,700,000 and delay damages for the temporary materials of this case, since the plaintiff entered into a lease agreement on the temporary materials of this case with the defendant and delivered the temporary materials of this case to the construction site of this case.

(2) Therefore, it is not sufficient to recognize only the following facts: (a) whether the Plaintiff and the Defendant entered into the instant temporary materials lease agreement with the Defendant; and (b) there is no evidence to acknowledge it otherwise.

Therefore, the plaintiff's primary argument is without merit.

(M) B. (As seen earlier, it is recognized that the instant temporary re-lease contract was concluded between the Plaintiff and the competent construction).

(1) The plaintiff asserted that the plaintiff filed a preliminary claim without raising any objection to the tax invoice issued by the plaintiff as the person to whom the defendant was supplied, and filed a report with the competent tax office. This is deemed to have made an explicit or implied agreement that the defendant shall pay the temporary rent directly to the plaintiff in the event that the plaintiff is not entitled to receive the temporary rent from the construction of the name of the competent tax office. Thus, the defendant shall be deemed to have made