1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Facts of recognition;

A. The Defendant is the owner of a construction project that newly constructs a second-story detached house with a size of 75.86 square meters above the building area of 410 square meters above the height of Gangwon-gun, Gangwon-do, which was implemented from October 3, 2011, and the total floor area of 95.47 square meters above the ground (hereinafter “instant construction project”).

B. On November 12, 2011, the Defendant, among the instant construction works, ordered the removal of the existing building and the basic construction works, etc., and ordered the structural frame and the finishing construction works for which he/she cannot directly perform, to E, to KRW 28,494,190 (including materials expenses) of the contract amount.

C. While Plaintiff A had been employed by E from December 2, 201 to complete the outer wall of the instant house, he/she, on December 6, 2011, carried out the construction of the outer wall of the second floor on his/her own as a day, and suffered bodily injury, such as the damage of the number of bridges, by falling on a 5-meter shooting bridge at a height of 5 meters.

(hereinafter referred to as “instant accident”). [Ground of recognition] The fact that there is no dispute, entry of Gap evidence Nos. 3 through 5, and the purport of the whole pleadings.

2. The plaintiffs' assertion and judgment

A. (1) The Defendant, while directly performing the instant construction, ordered the outer wall construction, which is the finishing process, to E and directly determine the type, quantity, etc. of materials necessary for the construction, and provided E, and ordered and supervised not only the specific work of the work members including the Plaintiff A but also the break time. In the case of so-called labor contract, the Defendant, as an employer of the parts employed by E and E, bears the duty to take necessary measures, such as improving the human and physical environment so that the employee does not harm the life, body, and health in the course of providing labor, did not perform the duty of safety care in preparation for the fall accident.

In addition, the defendant is aware that E is not registered as general construction business, and there is gross negligence on the part of E to contract the pel structure and the finishing work of outer walls.

Article 22(1) of the Civil Act provides that the defendant shall pay damages incurred by the plaintiff due to the accident of this case.