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. Facts of recognition;

A. The Plaintiff is a merchant who leases temporary materials with the trade name of “C”, and the Defendant is a company that receives a supply of new construction works for the D High School Life Center from the Gangwon-do Office of Education on August 30, 2018.

B. On September 18, 2018, the Plaintiff entered into a lease agreement with the Defendant for temporary materials with the content that the rent shall be separately indicated in the statement of transactions, value-added tax, payment method of the rent shall be 10 days after the material was released, and the period of lease shall be 30 days after the goods were released, but the extended user fee shall be imposed for the number of days thereafter used, and the tax invoice shall be issued in a lump sum after the completion of the lease, the place of delivery shall be the place of the D High School in E, and the current market price at the time when the goods were cut, damaged, or lost.

C. The Plaintiff supplied the Defendant with the temporary materials from September 18, 2018 to November 20, 2018 under the said contract, but was not reimbursed KRW 9,440,310 in total, KRW 8,618,060 in the rent for the temporary materials and KRW 822,250 in the amount equivalent to the lost temporary materials (including each value-added tax).

(Detailed details are as shown in the attached Table). [The grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 4, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff a total of KRW 9,440,310 for rent and loss of temporary materials.

B. The Defendant’s assertion and determination 1) Defendant’s assertion: (i) the Plaintiff set up an unreasonably excessive unit price for temporary materials; (ii) the Defendant calculated the amount of damages based on the amount equivalent to the amount of the loss incurred even after the Plaintiff supplied non-new materials; (ii) the Plaintiff’s assertion that the unit price for the lease of temporary materials was unfairly set and calculated in excess of the amount of the loss; and (iii) the evidence submitted by the Defendant, including evidence Nos. 7 and 13, is sufficient to acknowledge the Defendant’s assertion.