1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is a person who engages in the business of selling and leasing temporary materials used at the construction site in the name of “E”. The Defendant is a company that runs soil construction business, reinforced concrete construction business, etc., and the international construction company for the non-party corporation (hereinafter “international construction”) is a company that receives a contract for the construction of an integrated distribution center for nuclear livestock products located in Gangwon-do Won-si, Gangwon-do.

B. On November 201, the Codefendant B (hereinafter “B”) of the first instance trial and the Non-Party Basan Construction Co., Ltd. (hereinafter “Masan Construction”) subcontracted the part of the instant construction work of reinforced concrete (hereinafter “the instant construction”) from international construction around November 201, but were given up the said construction due to the failure to raise construction funds.

C. Accordingly, B proposed that the Defendant accept the instant construction work, and the Defendant also accepted it. On December 15, 201, the Defendant concluded an international construction and the instant construction subcontract on the said construction, and around that time, B was employed as C of the mold portion in the instant construction site.

In addition, on January 17, 2012, the Defendant entered into a temporary re-lease agreement with the Plaintiff stating that “the Defendant shall rent rent of KRW 249,40,00,000 from the Plaintiff, the lease period from December 3, 2011 to May 30, 2012, the lease period shall be from December 3, 2011 to be used at the construction site of this case, and the lease of lorings, lumbers, steels, steels, etc. shall be leased, but if the loss or loss occurs, it shall be compensated at the current market price.” The Defendant jointly and severally guaranteed the Defendant’s obligation under the said lease agreement.

E. The Defendant, using the above temporary materials, performed a fry construction for concrete construction at the construction site of this case, but did not return the said temporary materials equivalent to KRW 42,058,00 among the above temporary materials to the Plaintiff, and did not pay the Plaintiff the cost of transporting the temporary materials equivalent to KRW 4,200,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8.