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 the owner and driver of C 35 tons C (hereinafter “instant flag”) who is engaged in construction machinery contracting and leasing business under the trade name of “D,” and the Defendant is the lessee of the first floor of the restaurant building in the area of Cheongju-si E located in the Cheongju-si.

B. On October 15, 2015, the Defendant leased the instant aircraft including the Plaintiff, a driver, through F, for tree removal work on the site of the said restaurant building.

C. While the Plaintiff, a driver of the instant aircraft, was engaged in the movement of flap trees cut by using the instant engine, an accident was caused by the ground on which the costs of support for the instant engine were installed (hereinafter “the ground of this case”), which led to the transfer of the instant engine (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 4, Gap's evidence No. 5 video, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, as an employer, failed to comply with the duty to take safety measures and the lessee’s duty to return leased object 1), ordered the Plaintiff to work through F. The F did not fulfill the duty to take safety measures, etc. in relation to the instant accident, inasmuch as the Defendant was liable for damages as the Plaintiff’s user was liable for damages, and the lessee was not obliged to return the instant term during the instant term to its original condition, and thus, the Defendant is liable for damages due to nonperformance of the duty to return the leased object.

B. The ground of this case 1’s tort liability of the building occupant falls under the structure, and the defendant reinforces the ground of this case even though it was impossible to cope with the load due to the mid-term work of the base of this case.