1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff is an individual entrepreneur who engages in construction machinery leasing business under the trade name of “B,” and the Defendant (hereinafter “Defendant Company”) is a company established for the purpose of construction business, steel structure manufacturing, construction business, etc.

On August 20, 2013, Nonparty C awarded a contract to Nonparty D Co., Ltd. (hereinafter “D”) for the production and installation of steel structure at the construction site of the Fari Factory, Fari-gun, Inc., Ltd. (hereinafter “D”) at the construction site of the Fari-gun, Inc. (hereinafter “instant construction”).

From September 5, 2013 to October 14, 2013, the Defendant Company performed the instant construction work by using the Plaintiff’s Hadrid equipment (on a service charge of KRW 1,584,00).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff Company received a subcontract for the entire construction of the instant construction from D. The Plaintiff agreed between the Defendant Company and the Defendant Company to lease and operate the Plaintiff’s equipment at the instant construction site and to receive the cost of the equipment and services directly from the Defendant Company. Therefore, the Defendant Company should pay the Plaintiff KRW 1,510,000,000, deducting KRW 3330,000,000 at the Plaintiff’s discount, out of the cost of the equipment and services. (2) The Defendant Company received a subcontract for only wage construction of the instant construction from C and D.

Defendant Company and D agreed to carry out the manufacturing and installation of steel structure using materials, seals, transportation, equipment, etc. supplied by C and D at their own expense, and the Defendant Company did not separately agree with the Plaintiff on the payment of the cost of the service of the above equipment.

Therefore, the plaintiff can only claim payment of the above equipment service cost against C and D who entered into a direct contract with the plaintiff.

B. We examine the judgment, part of the witness G, consistent with the Plaintiff’s above assertion.