1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 23, 2016, the Plaintiff decided to lend B digging machines to the Defendant on the premise that the articles employed by the Plaintiff are operated.

B. On May 27, 2016, C, an employee of the Plaintiff, carried a dump truck by spreading soil to a dump truck in accordance with the direction of the Defendant for the purpose of the Japanese road construction project at the 1037-2 dump dong-dong, G, Kimhae-dong, which is conducted by the Defendant.

C. At around 10:00 on May 27, 2016, the ground was not known in the above excavation season and the excavation season was transferred.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 8, the purport of the whole pleadings

2. The plaintiff's assertion

A. As there is a risk of a fire in the course of construction by using a fracker installed by the Defendant, the Defendant must appoint a safety manager, keep a fire extinguisher and fire-prevention equipment, etc., and take measures to immediately extinguish the fire in the event of a fire.

B. Nevertheless, the Defendant, without taking such measures, ordered the construction of the flag using the flag, and thereby, the flag was destroyed by fire.

C. If so, the defendant's negligence contributed to the transfer of the mining season, and the ratio reaches 60%.

Therefore, the defendant is liable to pay to the plaintiff the amount of KRW 42 million, which is 60% of the total amount of KRW 70 million in compensation for damages.

3. First of all, we cannot accept the Plaintiff’s assertion premised on this, since it is difficult to see that the above obligation is recognized to the Defendant for the following reasons as to the presumption that the flag is to be transferred to the Defendant due to fire and whether the flag is obligated to appoint or keep the flag to prevent it.

The terms and conditions of the lease agreement between the plaintiff and the defendant, and "the plaintiff" dispatch the soft machine and articles to manipulate it, and the article carries out construction works using the soft machine according to the defendant's direction, and the defendant shall be the plaintiff.