1. Defendant D:

A. The Plaintiff KRW 43,059,780 and the Plaintiff’s annual rate from August 4, 2014 to April 22, 2020, respectively.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company operating a large-scale outlet with the trade name “B” across the country. Defendant C is a person who received a contract for water tank cleaning services for the nationwide stores B from Defendant B while operating the “E,” and Defendant D is a person who received a subcontract for the water tank cleaning services from Cheong and Jeonbu B stores in the operation of the “F”.

B. Around 10:30 on August 4, 2014, the Plaintiff, as an employee of F, was engaged in the water tank cleaning work at the Bcheon-gu G located in Seo-gu, Seo-gu, Seocheon-si (hereinafter “instant work”), and was injured by the Plaintiff, as an employee of the F, due to an accident falling into a water tank (hereinafter “instant water tank”) in order to take up the work environment according to the direction of H from the site work manager H (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiff's assertion

A. Since the water tank in this case’s assertion of tort liability against Defendant B was defective in structures, such as a fall risk, but no safety bar is installed, Defendant B, the possessor and owner of the water tank in this case, is liable for tort liability as the possessor and owner of the structure, etc. under Article 758 of the Civil Act.

B. As for Defendant C and Defendant D’s assertion of tort liability against Defendant C and non-performance liability, the contract relationship between Defendant C and Defendant D is in the form of labor contract with the right to substantially supervise and supervise the site of the instant work, and Defendant C and Defendant D are practically in the relationship between the employer and the employee. As such, Defendant C bears an employer’s liability under Article 756 of the Civil Act for damages incurred to the Plaintiff by Defendant D.

On the other hand, when a contractor concludes a labor contract with a contractor, not only the contractor who has a direct legal relationship but also the contractor.