1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On November 8, 2013, the Defendant entered into a contract for the lease of removal equipment with E, which is to lease equipment from November 8, 2013 to October 31, 2014 in relation to the term of the contract with E, “F” (hereinafter referred to as “instant construction work,” and “the site of the instant construction work”), with respect to the removal of the equipment from November 8, 2013 to October 31, 2014.

B. Meanwhile, from January 29, 2015 to April 28, 2015, the Plaintiff (hereinafter referred to as “instant construction period”) injected the digging season at the construction site of this case (hereinafter referred to as “the digging season”) and removed it. During the said period, the Plaintiff’s royalty is KRW 39,400,000 (excluding value-added tax).

[Ground of recognition] Facts without dispute, Gap evidence No. 3, Eul evidence No. 1 (including branch numbers, hereinafter the same)

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Plaintiff (1) concluded a contract on the removal of equipment at the instant construction site with the Plaintiff, and the Defendant did not conclude a contract on the removal of equipment or pay the cost for the removal of equipment separately from the Plaintiff, and the Plaintiff concluded a contract on the removal of equipment at the instant construction site with E, and the Plaintiff merely concluded a contract on the removal of equipment with E for the removal of equipment and the cost for the removal of equipment.

(2) The defendant shall be unpaid to E.