A. Defendant F is a person engaged in the manufacturing of machinery, such as CNC Line, contracted by Defendant E in the form of president, with the trade name of Defendant E Co., Ltd. (hereinafter “Defendant E”), within the factory of Defendant E in Kim Sea-si, and Plaintiff A is a person engaged in the transportation business using J cargo vehicles in the trade name of Plaintiff A.

나. 피고 F은 2016. 4. 7. 15:00경 피고 E의 공장 내에서 피고 E으로부터 도급받아 제작한 CNC 선반 1대를 운반하기 위하여 공장 천정에 설치된 크레인을 이용하여 위 CNC 선반을 원고 A 운전의 J 화물차량에 상차시키던 중 CNC 선반에서 운반용 쇠봉을 제거하기 위해 크레인을 조작하는 과정에 쇠봉이 튕겨져 나와 상차작업을 도와주고 있던 원고 A의 우측 안면부를 강타하는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

C. In the instant accident, Plaintiff A suffered injuries, such as the cutting of the frame of the inner wall and the inner wall, the inner part of the inner part of the inner part of the inner part of the inner part of the inner part of the disaster, damage of the inner part of the inner part of the disaster, damage of the friendly pathy and visual part of the disaster, and damage of the pathy, and the complete s

Plaintiff

B is the denial of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Claim against Defendant E

A. The plaintiffs asserted that since defendant E is in the position of the employer of defendant F, they are liable for damages to the plaintiffs in relation to illegal acts committed by defendant F while performing their duties.

As to this, Defendant E asserts that he did not enter into a contract for the production of Defendant F and CNC wire, but did not have the user of Defendant F, and that the Plaintiffs’ assertion is unreasonable.

B. In determining whether a person is a worker under the Labor Standards Act, the form of the contract is under the Civil Act.