Text
1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant awarded a contract for the extension of the D Logistics Center located G to F Co., Ltd. (hereinafter “F”) with the company established for the purpose of home-based transportation business, etc., and F subcontracted the construction of retaining walls, etc. (hereinafter “construction of retaining walls, etc.”) to E, an individual business entity engaged in the construction business under the trade name of “H”).
B. The Defendant and F agreed with the village representative by setting up partitions of the elderly hall and garbage separation facilities in the above village as the residents of the neighboring village in the above extension construction site file a civil petition on the grounds of noise, dust, etc.
C. E, upon the Defendant’s request and on October 9, 2016, had a construction work on the elderly housing site and the separate collection site in the I-Seoul city (hereinafter “instant construction work”) in parallel with the construction work, such as the retaining wall, etc. subcontracted by F. D.
Meanwhile, on the other hand, the deceased J (hereinafter “the deceased”) was employed by E on November 1, 2016, and provided work as a man (120,000 won per day and per day) at the construction site of this case.
E. At around 15:40 on November 4, 2016, E operated a digging pool, and loaded materials, such as crypters, at the instant construction site, into a truck installed in an adjacent air racker, and cut off the locker into the left racker’s clothes while leaving the racker’s seat in order to prepare for the racker, E turned out the pipe racker, which was carried in the racker’s racker’s racker’s racker direction toward the right side. At the time of the racker racks of the steel pipe, the accident was occurred, along the racker’s inside part of the deceased, who was carrying out the racker’s work along with E, in accordance with E’s work instruction.
F. The Deceased died after suffering from the injury of two external wounds caused by the instant accident, and as his heir on the same day, the Deceased died after having left the Plaintiff A, his wife, Plaintiff B, and C, his child.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 17, respectively.