1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a corporation entrusted with industrial accident compensation insurance business by the Minister of Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

B. Defendant A, a business operator who contracts and leases construction machinery with the trade name of Defendant B, is a person who operates a three 25 tons mider (hereinafter “instant mider”) owned by Defendant A, and Defendant ELA is an insurer who entered into an automobile insurance contract with Defendant A with respect to the instant mider.

C. F&M Co., Ltd. (hereinafter “EMA”) was awarded a subcontract for the instant construction work, which is located in Mayang-si (hereinafter “instant construction work”), from the construction office of Esco Co., Ltd., and leased the instant machine from Defendant A around June 2010 in performing the instant construction work.

F around June 11, 2010, as daily workers employed by F&M in the instant construction site, F was engaged in the work of linking F&M to the top of the instant flag in the instant construction site by printing B&M in the sand position panel, and G was engaged in the work of sending the number of signals to Defendant A via the instant construction site while serving as the agent of F&M in the instant construction site.

마. 피고 A이 2010. 6. 14. 9:00경 이 사건 공사 현장에서 신호수인 G의 신호에 따라 이 사건 기중기를 운전하여 약 8m 높이의 사무동 지붕 위로 샌드위치패널(길이 5m, 폭 1m, 무게 약 200kg의 우레탄패널)을 들어 올리던 중, 샌드위치패널 양쪽을 물고 있던 바이스 플라이어가 풀리면서 샌드위치패널이 낙하하였고, 낙하한 샌드위치패널이 바닥을 맞고 튕겨 올라와 당시 현장에서 작업을 하던 F을 강타하였으며, 이로 인하여 F은 미만성 뇌손상, 비교통성 외상성 경막하 출혈, 혼수상태, 인지장애, 강직성 반신마비, 안면마비, 비교통성 안와...