1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 2019, in order to sell pine trees located D (hereinafter “instant pine trees”), the Defendant: (a) requested the Plaintiff, a freight forwarder, to transport the instant pine trees; and (b) to the Defendant of the first instance trial, a C (hereinafter “C”) who is a C, who is a scraper, to conduct the instant pine trees, respectively.

B. On April 22, 2019, C: (a) on the Plaintiff’s cargo vehicle (hereinafter “instant vehicle”); (b) caused the instant pine trees to be loaded on the instant vehicle due to the Plaintiff’s failure to perform his/her duty of care in the process of training the instant pine trees; and (c) destroyed the part on the left-hand side of the vehicle’s loading box due to the shock.

(hereinafter “instant accident”). 【The ground for recognition” has no dispute, and the purport of Gap’s No. 1, Eul’s No. 1, and Eul’s Nos. 1 and 4, or the purport of the entire pleadings.

2. Occurrence of liability for damages;

A. According to the facts of recognition of C’s responsibility, since C damaged the Plaintiff’s cargo vehicle by negligence, C is obligated to pay damages for tort to the Plaintiff.

B. In general, since the defendant's responsibility and the contractor are not related to the direction and supervision, the contractor is not liable as the employer for illegal acts committed by the contractor or his employee, but in the case of so-called labor contract such as where the contractor directs the contractor a specific act or awarding a specific project, the contractor is liable as the employer even if the contractor is the contractor.

(See Supreme Court Decision 81Da428 delivered on February 8, 1983, Supreme Court Decision 2004Da37676 delivered on November 10, 2005, etc.). The fact that the Defendant requested C to sell the instant pine trees by using cicks to sell the instant pine trees is as seen above, and that the Defendant requested C to repair the instant pine trees on the instant vehicle by taking account of the overall purport of the pleadings in the statement No. 1 and No. 3, the Plaintiff’s work site and C before the instant accident occurred.