1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 10, 2014, the Defendant entered into a contract for construction works with C Co., Ltd. and the Chungcheongnambuk-gun E Co., Ltd. (hereinafter “C”) with a contractor, contract amount of KRW 2,406,80,000 (including value-added tax) (hereinafter “the instant contract,” and “the instant construction works”).

B. The plaintiff is a former worker of C.

On May 13, 2015, the Plaintiff, at around 14:50 on May 13, 2015, engaged in work on the 3rd floor Belgium warehouse in the construction site of this case, was collapsed and fell to the lower floor below about 7 meters.

(hereinafter referred to as “instant accident”)

C. The Plaintiff was sent to the F Hospital immediately after the instant accident, and received surgery and treatment, and thereafter transferred to G Hospital, and received surgery and hospitalized treatment.

On April 11, 2016, the Plaintiff received the notification of medical care and insurance benefits from the Korea Workers' Compensation and Welfare Service to 13 sick persons, such as a fluoral fluoral fluor and the left fluoral fluor, etc.

E. On April 6, 2016, Cheongju District Court sentenced C, the Plaintiff’s employer, a fine of KRW 5,00,000, and sentenced D, a fine of KRW 3,00,000 (Supreme Court Decision 2015DaMa198 Decided April 6, 2016), and the said judgment became final and conclusive on April 15, 2016.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 2 and 5, and the purport of the whole pleadings]

2. Determination

A. The 1st asserted by the parties that the Defendant is liable to compensate the Plaintiff for damages on the ground that the Defendant violated the Occupational Safety and Health Act or is liable for tort pursuant to Article 750 of the Civil Act and Article 751 of the Civil Act. Therefore, the Defendant is liable to pay the amount claimed to the Plaintiff.