1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in construction machinery contracting and lending business under the trade name of “B”, and the Defendant is a company that is engaged in forest business.

B. On March 21, 2013, the Defendant was awarded a contract with the “D” construction cost of KRW 187,224,000 (the subsequent construction cost was changed to KRW 163,108,000) for the construction cost of the instant construction project implemented by the Jeollabuk-si from Jeollabuk-do (hereinafter “D”).

C. On May 10, 2013, the Defendant subcontracted the instant construction work to Sungho Construction Co., Ltd. (hereinafter “Shoho Construction”) at KRW 116,087,00 (excluding value-added tax).

The Plaintiff used construction equipment at the construction site of this case from July 19, 2013 to August 17, 2013 at the F’s request, which is the site manager of the instant construction project, and accordingly, paid a total of KRW 10,450,00,00.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including additional numbers), Eul's evidence Nos. 1 through 3, the testimony of the witness F of the first instance trial, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff concluded a contract with the Defendant for the use of construction equipment by providing the construction equipment at the instant construction site upon the Defendant’s request, which is the Defendant’s employee, and the Defendant shall pay the Plaintiff the fees. 2) Even if the Defendant is not a party to the contract for the use of the said construction equipment, the Defendant had the Defendant use the Defendant’s name to E, so the Defendant shall be held liable

B. According to the determination 1 Defendant’s liability as the party to the contract, and the fact-finding results of the first instance court’s Forest Environment Research Institute of Jeollabuk-do, and the overall purport of the pleadings, E is recognized as the fact that it submitted to the Development of Forest Resources of the Jeollabuk-do Forest Environment Research Institute and the instant construction supervisor under its jurisdiction the Defendant’s employee.

However, each of the evidence mentioned above and Gap.