1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a person who performs the gas storage tank business under the trade name of "C" located in Suwon-gu, Busan. The defendant is a company that conducts the gas storage tank manufacturing and lectures manufacturing business.

B. (1) The Defendant entered into a contract for construction works (hereinafter referred to as “instant contract”) on August 8, 2013 with the manufacturing and installation of a hydrogen tank (780 cubic meters in capacity) and a nitrogen tank (1,375 meters in capacity) located in the “E” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter referred to as “instant construction works”), and the Defendant entered into a subcontract agreement (hereinafter referred to as “the instant first subcontract agreement”) with the F on which August 8, 2013 the instant construction works are to be executed on a set period of KRW 990 million for the construction cost (excluding value-added tax) (hereinafter referred to as “instant first subcontract agreement”).

(2) Afterwards, the G Company subcontracted to G Company the part of the manufacturing work of the oxygen tank and the water tank (hereinafter “instant manufacturing work”). G Company subcontracted the instant manufacturing work to H Company again, but the Plaintiff participated in the instant manufacturing work.

(3) On October 31, 2013, the Plaintiff entered into a subcontract agreement with G companies to accept a subcontract (hereinafter “the second subcontract agreement of this case”) by setting the construction cost of KRW 515,00,000 as the cost of the instant construction (excluding value-added tax).

C. (1) On December 19, 2013, in the course of the Plaintiff’s construction of the instant construction project pursuant to the instant second subcontract, the Plaintiff destroyed the mountain tank installed by the Plaintiff (two parts among five parts at the time of the destruction) due to the occurrence of an accident involving a large strawers, who installed the machinery at the construction site of this case, around December 19, 2013, and the said large strawers around December 29, 2013.