A. On Dec. 10, 2009, the Defendant operated a C excavation searcher (hereinafter “instant excavationer”) at the construction site of the Seoul Seodaemun-gu Seoul Housing Redevelopment Project on Dec. 10, 2009, and he he he he he he he he stockpiled the earth.

B. D, as an employee of Mcheon Construction Co., Ltd. (hereinafter “Macheon Construction”), was working for the Defendant to store the earth and rock so that the Defendant can store them, and as a result, D, as an employee of Mcheon Construction Co., Ltd. (hereinafter “Macheon Construction”), accessed the instant racker to use the instant racker to use the instant racker.

C. However, as seen above, the accident occurred that led to D’s left-hand bridge to the Track of the instant excavation machines (hereinafter “instant accident”) by failing to discover the Defendant and moving back the instant excavation machines.

The height of the excavation machines of this case is about 1m, and at least 1m of the objects have access to the rear side of the excavation machines of this case, it can be seen from the driver's seat the objects approaching by the stringr installed on both sides of the excavation machines of this case. D's height was not less than 160cm, but the defendant did not know that D's access to the excavation machines of this case because it continued to stringer or did not directly spawn the earth.

E. The Plaintiff, as an insurer who entered into a contract for employer liability insurance with Mcheon Construction, paid D damages amounting to KRW 96,40,000 (the amount calculated by deducting the lump-sum amount of disability pension received by D from the Korea Workers' Compensation and Welfare Service, KRW 120,538,093, KRW 25,080,00, KRW 30,000, KRW 120,538,093, and KRW 25,080,446, and is the amount reflecting the negligence of D).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 11, Gap evidence 21, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is Mcheon Construction.