1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 8,639,153 and KRW 5,880,338 among them.

Basic Facts

The defendant is a person who receives and supplies D Landscape (II) with the trade name of "C," and the plaintiff is running an individual cargo transport business with the E 4.5 tons of early scke truck with a stick (hereinafter "the instant vehicle").

On July 19, 2017, the Plaintiff was awarded a contract for loading and transporting street trees extracted from the Defendant during the process of transplanting street trees from the construction of the said construction to the instant vehicle.

On July 20, 2017, around 23:30 on July 20, 2017, the Plaintiff suffered injury in the part of the upper part of the upper part of the upper part of the upper part of the two pages of the right side, such as a pressure dulp, open pulverization, etc., at the location where the support cost for the crick, which was extracted from the third line of the direction of the G High School in front of the G High School located in F of the Busan East-gu, to I Hospital, is being loaded on the instant vehicle.

(hereinafter referred to as “instant accident”). [Ground of recognition] In the absence of dispute, Gap 1, 2, and 6, Eul 3, Eul 5, Eul 5’s video (including additional numbers), witness J of the trial party, part of the witness of the trial party, the Plaintiff’s examination result, and the Plaintiff’s examination result, the materials and equipment reserved the specific direction and supervision right to compensate for damages, and in the case of a labor contract such as the case where the materials and equipment supplied to the contractor and contracted only the construction work to the contractor, the contractor and the contractor are practically in a relationship with the employer.

In such cases, the contractor bears the duty to maintain a physical environment and to devise necessary measures so that the contractor does not harm the life, body and health of the contractor in the course of providing labor. Such duty to protect is an incidental duty recognized by the good faith principle in consideration of the characteristics of the employment contract. If the contractor who actually uses labor violates such duty by intention or negligence, thereby causing damage to the contractor’s life, body, and health, the contractor of labor contract.