1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Defendant is the owner of B digging machines (hereinafter “the instant construction machinery”), who was driving the instant construction machinery at the time of the following accident.

B. At around 10:30 on August 20, 2013, C (hereinafter referred to as “snicker”) suffered an accident where the sn beam of the steel processing work from the steel processing work site in Geumcheon-gu D Construction Industry was removed from the sn beam by the sn beam.

Due to the accident in this case, the victims suffered injuries, such as the sacrife sacrife sacrife sacriff.

C. The Plaintiff paid KRW 28,469,970 to the victim by May 12, 2014, including medical care benefits under the Industrial Accident Compensation Insurance Act, KRW 4,661,740, temporary layoff benefits, KRW 17,476,20, and KRW 6,02,50, and KRW 309,530, as a result of the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 3, 5, and 6-6, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Defendant confirmed the distance from the surrounding workers and equipment, and operated the instant construction machinery safely, but the instant accident occurred by pushing the H beam, which was placed at the construction site in violation of the above duty of care.

The defendant is liable for damages against the victim in relation to the accident of this case, and the plaintiff is obligated to pay the claims stated in the claim and damages for delay, which are limited within the scope of active and passive damages among the medical care benefits and temporary disability compensation benefits paid, since the victim has acquired the right to claim damages against the defendant by subrogation pursuant to Article 87(1) of the Industrial

B. At the time of the instant accident, the Defendant was working at the site of 30 to 40 meters away from the place where the accident occurred, and there was no shocking of construction materials or H beams at the time, and the H beamline loaded above the steel beam is lost balance, and only the instant accident occurred.

3. Determination A.