1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. The Plaintiff and B subcontracted the instant construction work of reinforced concrete and mold processing assembly from the Defendant to the fifth floor above the ground among the structural construction works of framed Construction Works in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and 17 parcel (hereinafter “instant construction work”). From September 5, 2012, from around September 5, 2012, the Plaintiff and the Defendant renounced the said construction work as a matter of the construction cost on January 2013.

Accordingly, the Plaintiff and the Defendant settled the above construction cost by directly paying the personnel expenses incurred at the construction site until they abandon the above construction work.

B. The Plaintiff supplied D with and used the temporary materials necessary for the instant construction (hereinafter “the instant temporary materials”), and requested D to prepare a lease agreement on the instant temporary materials in the name of the Defendant, but the Defendant refused to do so, and the lessor entered D and lessee as the Plaintiff, D and lessee on January 2, 2013 (hereinafter “instant lease agreement”).

C. After the Plaintiff and B waived the instant construction around January 2013, the Defendant completed the structural construction up to the fourth floor above the ground during the instant construction, and continued to use the instant temporary materials to the Corporation in the process.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4, witness D's partial testimony, purpose of whole pleading

2. The parties' assertion and judgment

A. The plaintiff filed a claim under a temporary re-lease agreement, promising the defendant to pay the temporary rent to the plaintiff, and concluded a lease agreement on the temporary materials between the plaintiff, defendant E, and D during the attending of the plaintiff, defendant E, and D, that the defendant should pay the temporary rent to the plaintiff according to the lease agreement of this case.

As seen earlier, as long as the lessor and lessee were entered in D and lessee on the lease contract of this case, they are so far as they were entered in the Plaintiff.