1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a juristic person established with the purpose of making and selling kimchi, and the Defendant is a household-producing and selling business.

B. On March 2015, the Defendant awarded a contract to D for the installation of a resting room in the Defendant’s factory building in Macheon-si, Macheon-si, for the installation of a window, the repair of windows and walls, fire-proof fishing repair, the replacement of shock network, office magating, the warehouse labing, one exhauster door, one exhauster door, and the installation of a exhauster door in the warehouse building.

C. D, around 11:17 March 14, 2015, with E, used a melting machine to construct a walker on the Defendant’s warehouse building, and there was an accident where the spunching flames were protruding around the spunch, etc.

As a result, the plaintiff's factory adjacent to the defendant's factory was destroyed by the plaintiff's facilities, equipment, etc.

(hereinafter “instant fire”). D.

D is subject to criminal punishment for the occurrence of the instant fire on the ground that it did not take such measures as removing flammable materials, such as punch paper, which have been accumulated around the Defendant factory in the course of melting for the installation of the entrance and exit of the Defendant factory, or preventing the surrounding areas of incombustible materials from incombustible materials.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 through 4 (including provisional number), the purport of the whole pleadings

2. Whether liability for damages is established;

A. The Plaintiff’s assertion 1) The relationship between the Defendant and D constitutes a so-called labor contract, which is “where the contractor orders the contractor to conduct a specific act or contracts a specific project,” and, even in the case of a labor contract, the contractor is liable for the employer pursuant to Article 756 of the Civil Act. As such, the Defendant is liable for the Plaintiff’s damages as the employer. 2) Even if the Defendant and D are not a labor contract relationship, if there is gross negligence with the contractor, the Civil Act shall apply to the contractor.