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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a contract with a specialized construction mutual aid association as the insured for friendly construction (hereinafter “friendly construction”).
B. On June 10, 201, the Defendant received an order to manufacture and install a tank (hereinafter referred to as “instant tank”) from the Korea Indonesian Co., Ltd. (hereinafter “Korea Indonesian”) to manufacture and install the tank (hereinafter referred to as “instant tank”) around July 201, the Defendant manufactured and installed the tank at the A construction site in Ulsan (hereinafter referred to as “instant construction site”).
C. B, as an employee of an enterprise awarded a contract for the construction of steel frame from the construction site of this case from Korea to the construction site of this case, B, around 15:00 on August 8, 201, went to the joint board covering the openings of the instant tank in order to install steel-frame structures at the top of the tank of this case and to adjust the site, and suffered injury, such as an emission equiries No. 2, by falling into the tank inside the wind where the joint board is attached, and fall into the tank and fall into the tank and fall into the tank inside and fall into the tank and fall into the tank 2.
(hereinafter “instant accident”). 【The ground for recognition” did not exist, Gap evidence 1-1, 2, and Gap evidence 2-4, the purport of the whole pleadings and arguments.
2. In installing the instant tank, the Defendant’s assertion was erroneous in failing to perform his/her duty of care to secure safety for the surrounding workers of the tank by installing a metal cover or a secure joint plate cover ordinarily required in the opening of the opening according to its intended purpose, and the instant tank, which is a structure, lacks safety ordinarily required, is defective in installation and preservation.
Since the accident of this case occurred due to the above defendant's negligence or defects in the tank of this case, the defendant as the joint tortfeasor or the possessor of the tank of this case is the defendant by paying the amount of KRW 97,58,000 to B.