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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 status of the party is a corporation established for the purpose of the development and utilization of groundwater and the leasing business of equipment, and the defendant is a corporation established for the purpose of civil engineering and construction business.
B. On November 20, 2015, the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant contract”) with the Defendant and the Plaintiff, under which the Defendant and the Plaintiff entered into a construction machinery lease agreement (hereinafter “instant contract”) on the lease of construction machinery at the D construction site being constructed under a subcontract from Nonparty NFF Construction Co., Ltd. (hereinafter “instant contract”). On the same day, the Defendant delivered the instant machinery to the Defendant.
C. 1) The Plaintiff, while leasing the instant machinery to the Defendant, invested the Plaintiff’s employee E as a driver at the Defendant’s construction site, and the Plaintiff operated the instant machinery in compliance with the Defendant’s work instruction and carried out navigation and human activity. 2) The instant machinery was a specialized equipment that requires high driving skills, and there was no person who is capable of driving or operating the instant machinery among the Defendant’s employees, and the Defendant’s employee F, who mainly carried out work instructions to E, was also a person who has no experience in driving or operating the instant machinery.
3) Around November 27, 2015, when the instant machine was being carried out work by Defendant F and other employees, the said instructions were mainly related to the location, depth, and quantity of the instant machine to be carried out, and there was no instruction as to the operation, operation, repair, etc. of the machinery itself. D. Around November 27, 2015, when the instant machine was carried out work by using the instant machine, there was an accident in which the creamble part of the support unit of the instant machine was carried out, and the main body, power generator, and power generator were destroyed (hereinafter “instant accident”). The results of the accident investigation.