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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On June 13, 2017, the Defendant contracted with the clean water business headquarters for the improvement of the D village waterworks facilities, and performed the construction from June 19, 2017 to December 15, 2017. The Plaintiffs put the dump truck into the above construction upon request of the Defendant E, a field manager.
B. The user fee for equipment for September 2017 of Plaintiff A is KRW 10,285,00 (including value-added tax; hereinafter the same shall apply) and the user fee for equipment for October 2017 is KRW 6,930,00.
C. Plaintiff B’s royalty for the use of equipment for September 2017 is KRW 9,157,500 and KRW 7,672,500 for the use of equipment for October 2017.
[Ground] Facts without dispute, Gap evidence 1 to 17 (including each number, hereinafter the same shall apply), Eul evidence 1 to 6, witness E of the first instance trial, and witness E of the F, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The plaintiffs' arguments (i.e., the plaintiffs were employed by putting the dump sump trucks and dump trucks under the direction of the defendant's on-site director or on-site representative, and the defendant should pay equipment usage fees.
Shebly, even if the defendant awarded a lump sum subcontract to E, because E had the appearance of the defendant's field agent and ordered work to the plaintiffs, the defendant is responsible for the expression agency.
B. The summary of the defendant's assertion (i) Since the defendant made a lump sum subcontract to E, the plaintiffs and the defendant are not in any contractual relationship, and E must be directly responsible for the plaintiffs.
Shebly, even if the Defendant is liable to pay the equipment cost to the Plaintiffs, the equipment cost claimed by the Plaintiffs is excessive and thus should be reduced.
3. Determination
A. According to the overall purport of the arguments and evidence Nos. 1, 11, 12, 13 through 17, and No. 11 (including each number), the following facts may be acknowledged.
1 E is employed by the defendant as the site manager, while carrying out the construction of this case, to the plaintiffs.