1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From July 5, 2014 to August 31, 2014, the Plaintiff, who runs a business leasing building materials in the name of D, leased the building materials to the construction site of the building building site E on the ground of Gangwon-gun, Gangwon-do (hereinafter “instant construction”).

B. Defendant C, who engages in construction business under the name of F, is the owner of the instant construction project, and Defendant B is the father of Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including branch numbers, if any), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff and the Defendants agreed to set a rent of KRW 18.8 million and agreed to lease the construction materials at the construction site of this case, and received a down payment of KRW 9 million from the Defendants, and that the Defendants are jointly and severally liable to pay the remainder of the rent of KRW 9.8 million to the Plaintiff.

As to this, the Defendants were awarded a contract for the instant construction work to Daeho Construction Co., Ltd., and Daeho Construction Co., Ltd. awarded a subcontract for the structural part of the structural part of the contracted construction work to G, but G entered into a lease contract for construction materials between G and the Plaintiff, and the Defendants did not have any obligation to pay rent, since they did not enter into a lease contract with the Plaintiff.

B. As alleged by the Plaintiff, it is recognized that the Plaintiff transferred KRW 9 million from the Defendant C on July 4, 2014 according to the health account and the record of the evidence No. 3 as to whether there was an agreement between the Plaintiff and the Defendants on the lease of building materials.

However, there is no document such as a contract, quotation, tax invoice, etc. made between the Plaintiff and the Defendants, and a supply document (Evidence A2) prepared by the Plaintiff while leasing construction materials to the construction site of this case is prepared by the Plaintiff himself, and there is no signature on the part of the Defendants, and according to each of the statements in the evidence Nos. 5 and 6, it is argued by the Defendants.