손해배상(산)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-3, and Eul evidence No. 1.
The defendant is an organization consisting of representatives of occupants in B Apartment Complex (hereinafter "the apartment complex of this case") located in Jung-si, and concluded a contract with D Co., Ltd. (hereinafter "D") to entrust the management of the apartment complex of this case and entrusted the management thereof.
B. On July 1, 2017, the Plaintiff drafted a labor contract with the following content (hereinafter “instant labor contract”).
1. Place of employment: B management offices;
2. Occupational categories: Administrative and technical categories;
3. Business affairs: Business affairs, etc. directed by field officers and the chief of the management office.
4. Period of contract: From July 1, 2017 to September 30, 2017;
6. Business allowances for the classification of wages: 1,757,600 210,000 100,000 2,067,600
(a) Items of wages;
(c) Method of paying wages in currency. (2) Payment shall be made in a deposit passbook requested by a worker;
11. Upon entering into this employment contract, the employee himself/herself confirms the rules of employment and the rules of work regarding the operation of the management office in D and agrees to all the working conditions.
On July 14, 2017, the Plaintiff, while installing a boundary stone on the floor of the apartment complex in the instant apartment complex on July 14, 2017, caused an accident where the boundary stone falling under the hands, etc. of the Plaintiff (hereinafter “the instant accident”) and the Plaintiff suffered injury, such as death and rupture collapse, etc., due to its shock.
2. The assertion and judgment
A. The summary of the party's assertion (1) The defendant is a person who instructed and supervised the management work of the apartment complex of this case, such as maintenance and repair of the apartment complex of this case while directly paying the payment to the plaintiff, and is in the plaintiff's joint business owner status together with D, and if the work of transporting and installing building stones