The judgment below

Of the parts against Defendant D Co., Ltd. against each of the plaintiffs, this part of the case is reversed.

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant D Co., Ltd. (hereinafter “Defendant Company”)

A. Article 757 of the Civil Act provides, “The contractor shall not be liable for the damages inflicted upon a third party regarding the work. However, this shall not apply where the contractor is grossly negligent with respect to the contract or instruction.” Thus, the contractor is not liable for the damages inflicted upon a third party regarding the work unless there is gross negligence with respect to the contract or instruction. Here, “serious negligence” refers to “a situation in which the contractor could have easily and easily predicted the harmful result if he did not pay considerable attention to the extent required by the ordinary person, even if he did not do so.”

B. (See Supreme Court Decision 2002Da12239 delivered on August 23, 2002, etc.)

The judgment below

According to its reasoning, the court below recognized the facts as stated in its reasoning, and recognized the liability for damages caused by the fire of the defendant company, on the ground that the defendant company's entrustment of construction of the building of this case to G with knowledge that G did not have the registration of general construction business, constitutes a case of gross negligence on the contract.

C. However, the records revealed as follows: (a) in principle, a contractor does not have the duty of care to take safety measures necessary to prevent accidents in relation to the contractor’s work; (b) the construction of a factory building by using a sn beamline; and (c) the construction of the construction of a factory building; and (d) there is a risk of fire during the sn beaming work to attach a steel plate, but whether such risk of fire has been registered as general construction business.