1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. The plaintiff's assertion

A. On December 16, 201, A was the owner and operator of B (hereinafter referred to as “instant climate”) and was engaged in the work of extracting the beam beam installed inside the retaining wall of the civil engineering works by using the said underwater flag at the Busan Southern-gu C&D site (hereinafter referred to as “the construction site of this case”).

B. At the construction site of this case, A, the sn beam beamed around 40 to 50cc from the snives of the above snives at the above snives of the machine, was carried out as a process of finding the snive beam beam from the snives of the snives of the snives and signal numbers, with the employees D, who were engaged in snives construction (hereinafter referred to as “Anatives construction”), snives and signal numbers, leaving the snives of the snives of the snives and making it possible for A

C. Meanwhile, in order to safely extract the sn beam and prevent the collapse of the earth, A, despite the fact that the sn beam beam should have been extracted only at the place where the earth was filled up, did not confirm whether the sn beam was the part filled up, and thereby, D (hereinafter referred to as “the network”) died.

As the deceased died due to an occupational accident, the Plaintiff’s bereaved family members are paid insurance benefits in accordance with the Industrial Accident Compensation Insurance Act, and thus, the Plaintiff seek reimbursement from the Defendant, the insurer of A in subrogation of the deceased’s claim for damages against A within the scope of the above insurance benefits

2. Determination

A. According to each description of Gap evidence 4-1, Gap evidence 4-1, Eul evidence 11-2 and 3, around December 16, 201, Eul, an operator of the base engine belonging to E, was engaged in the construction of the instant construction site in which Eul's dynas construction conducted the pertinent civil engineering works, using the dynas of this case. On the same day, at around 14:00 on the same day, he extracted the eynas beam beam from the above part where soil does not cover up to 2 meters, and then was waiting to stop the operation of the eynas according to the body of the deceased.