A. The Plaintiff agreed with the Defendant to carry out stone dump construction works on the land owned by the Defendant, using the Plaintiff’s refratator in the light-si C, and the said construction was carried out on the said site from March 21, 2017.

B. On March 23, 2017, around 09:40, the Plaintiff was engaged in the tampering operation on the lower side of the above land. However, while the Defendant, who was going to the tamper owned by the Defendant, was unable to exercise due diligence, an accident was caused by the Plaintiff’s hicker facing the Plaintiff’s work.

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, the Plaintiff suffered from injuries, such as strings and straws, which need to be treated for a period of two weeks, and the Plaintiff’s 2015 type HX60M clicker owned by the Plaintiff (hereinafter “the instant clicker”).

As to the instant accident, on September 12, 2017, the Defendant received a summary order of KRW 3 million (this Court Decision 2017 High School Decision 2017 High School Decision 3995), and around that time, the said summary order became final and conclusive.

E. On April 25, 2017, the Plaintiff purchased a new digging machine from the 2000,000,000 won from the 60,770,000 won of the purchase price, and replaced the instant digging machine by transferring it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 7, 16 through 19, Eul evidence No. 1 (including paper numbers) and the purport of the whole pleadings

2. According to the above fact of recognition of damages liability, since the accident of this case occurred by the defendant's negligence, the defendant is liable to compensate for human and physical damages suffered by the plaintiff.

However, as revealed by the above evidence, the plaintiff who is a construction machinery driver is not sufficiently able to observe the defendant's duty of care to properly perform the excavation work above the plaintiff and to promote his safety.