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. Basic facts

A. The plaintiff is a person who leases temporary materials for construction with the trade name of "C", and the defendant was awarded a contract for a new urban-type residential house construction work in "Seoul Northern-gu", and the defendant subcontracted the said construction work to "E" (hereinafter "the instant construction work").

B. On June 14, 2012, the Plaintiff concluded a lease agreement with the terms that the temporary materials to be used for E and the instant construction are leased KRW 129,60,000, and the term of lease from June 10 to October 9, 2012.

(hereinafter “instant lease agreement”). C.

However, the Plaintiff, on September 2012, who did not timely pay the rent for temporary materials, found the construction site of this case and requested F, the actual representative director of the Defendant, to pay the said rent for temporary materials. However, F refused this.

After that, while the Plaintiff’s suspension of the supply of the above temporary materials at the construction site of this case due to the Plaintiff’s failure to pay the above temporary rents, on November 6, 2012, the Plaintiff sought a confirmation letter to the said F for re-supply of the said temporary materials, and the F prepared the confirmation letter as follows. The joint and several sureties of the instant lease agreement stated “A guarantee for materials.” The material rental contract of this case was clearly identified in the column for the joint and several sureties of the instant lease agreement (hereinafter “the phrase of this case”).

[Certificate] The contract entered into between E and us (referring to the defendant) - the payment contract to be made to each floor will be performed, notified to C (referring to the plaintiff) at the time of payment for the completed portion, so that C may receive the amount of the leased materials from E.

The E and C promise to deduct the amount payable to E from the amount payable to E through confirmation of the balance at the end of the construction work.

E. Meanwhile, the Plaintiff leased the temporary materials of KRW 129,60,000 to E in accordance with the instant lease agreement. However, E is temporary materials.