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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that engages in the business of leasing construction materials, such as steel materials, and the Defendant is a company that received a subcontract for earth and sand reconstruction project (hereinafter “E”) in relation to the “C apartment reconstruction project” (hereinafter “instant construction site”) undertaken in Gangnam-gu Seoul Metropolitan Government D from Samsung C&T Co., Ltd., and the E Co., Ltd. (hereinafter “E”) is a company that re-subcontracts the above construction work (hereinafter “instant construction work”) from the Defendant, and the F is a person who actually operates E.
B. At the time of November 23, 2013, F visited the Plaintiff’s employee G (one name H) and the Defendant’s other construction site (hereinafter “I site”) located in the city, and demanded the Plaintiff to present a lease agreement (hereinafter “instant lease agreement”) in which the lessee, the Defendant, and the E are the joint and several sureties, and to change the Defendant’s seal impression. At this time, J signed the Defendant’s employee identification card kept in the I site on the instant lease agreement, and issued the Defendant’s employee identification card, Defendant’s business registration certificate, and the Defendant’s business registration certificate to F, and G and F affixed the Plaintiff and E’s seal impression on the instant lease agreement, etc.
C. The J originally was an employee of N, who was awarded a subcontract for the Defendant’s I site construction, and the N was reported from May 2, 2012 to October 31, 2013 as the Defendant’s employee and was in the position of the Defendant’s president.
I is the Director of the Defendant’s On-Site, and K is the Defendant’s On-Site Director at the construction site of this case.
[Judgment of the court of first instance and the court of first instance, as well as the witness of the court of first instance, of the fact that there is no dispute over a part of the grounds for recognition, of Gap evidence 2 and 11 (including each number; hereinafter the same shall apply).