1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff owned a digging machine and carried out excavation lending and work at several construction sites. From July 21, 2016 to August 4, 2016, the Plaintiff, who was employed to put the digging machine into the civil construction site for the construction of a new factory for the Defendant’s new construction site located in three lots of land, i.e., Gyeong-gun, and Gyeong-gun (hereinafter “instant construction site”).

B. The Plaintiff prepared a construction machinery (lease) certificate stating the working hours, work details, etc. during the above period and obtained confirmation from Nonparty D. The use company of the said certificate is written in the name of the Defendant and signed D in the confirmation column.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including each number), the purport of the whole pleadings

2. The assertion of the parties and their determination

A. The Plaintiff’s assertion 1) The Plaintiff is obligated to pay the remainder of the lease fee to the Plaintiff, as the Plaintiff leased the cherf to the Defendant through the Defendant’s agent from July 21, 2016 to August 4, 2016, and was not paid KRW 5,425,00, out of the lease fee of KRW 6,425,00. Even if the Defendant did not have the right to represent the Defendant, the Defendant is liable to pay the Plaintiff the balance of the lease fee. Even if the Defendant did not have the right to represent the Defendant, the Defendant is liable to represent the Plaintiff under Article 125 of the Civil Act regarding the act of borrowing the cirfing the cirfing machine from the Plaintiff. 2) The Defendant’s assertion concluded the contract with D and the Defendant was fully responsible for and carried out construction by using the cherfing unit and equipment, and there was no entry into the lease contract with the Plaintiff on behalf of the Defendant.

B. In light of the following facts and circumstances acknowledged by the first instance judgment, Gap evidence Nos. 4, Eul evidence Nos. 1 through 3, testimony of the witness E at the trial, and the purport of the whole pleadings, the evidence submitted by the plaintiff alone is the authority to act for the defendant as to the extension of the period.