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. Basic facts

A. The Plaintiff is a person who operates construction machinery leasing business under the trade name of O, and the Defendant is a corporation that runs the work of organizing forest management plans, forest research, afforestation, forestation, deforestation, etc.

B. On March 13, 2013, the Defendant received each contract from the Development-gun C Corporation and the G Corporation on March 28, 2013 (hereinafter collectively referred to as the “instant construction”).

C. The Plaintiff provided the instant construction site with the construction equipment at the instant construction site from a general manager of the instant construction site, and received a request for landslide damage restoration work. From April 21, 2013 to August 19, 2013, the Plaintiff used equipment at the instant construction site to perform landslide damage restoration work.

The plaintiff was not paid part of the six-month work from the price for the above work, and the 7,8-month work. The price is 34,760,000 won in total.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings

2. Whether liability as a contracting party has been established;

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a contract with H with the Defendant with the power of representation to perform recovery work by inserting construction equipment at the construction site of this case. As such, the Defendant, as a party to the contract, is obligated to pay the Plaintiff the price of KRW 34,760,000 and the delay damages therefrom.

B. In full view of the purport of the entire pleadings in the testimony by witnesses of the first instance trial, the Plaintiff’s registration of the Defendant as the Defendant’s employee from April 2013 to March 2014, and the fact that H used the name cards (Evidence No. 8) stating “Defendant’s complaint” (Evidence No. 8).

However, each of the above evidence and evidence of Nos. 1, 2, 7, 8, and 10 are different.