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(영문) 인천지방법원 2019.04.23 2018가단214813

1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. The plaintiff is a person who operates heating system business under the trade name of "C", and the defendant is a company that constructs new D apartment units in Namyang-ju.

On July 12, 2016, the Defendant contracted the installation of a temporary office among the aforementioned new construction works to E (hereinafter “E”), and E subcontracted the heating equipment and toilet pipeline construction to the Plaintiff during the installation work of the temporary office.

B. On August 19, 2016, at around 15:30 on August 19, 2016, the Plaintiff, while performing pipeline work for the installation of a 2nd male toilet in a space between the 1st floor and the 2nd floor of a new site of D apartment construction site, there was an accident that the Plaintiff fells from the tent floor of the height of 2.4 meters from the wind where the instant accident occurred (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff sustained injuries, such as the ground ground for mination of the original flag on the left-hand side and the ground-hand flaging of the original flag.

[Reasons for Recognition: Facts without dispute, testimony of witness F, testimony of Gap 1 through 5, each entry of Eul 3 (including each number), purport of whole pleadings]

2. Determination on the cause of the claim

A. Plaintiff 1) The Defendant, as the possessor of the structure, managed, occupied, and owned the structure of the instant temporary office through the head of the site office. Since the instant accident occurred due to the defect in the fixed location of the said temporary office, the Defendant is liable for the Plaintiff’s damage as the possessor and owner of the structure. (ii) The Defendant provided equipment and materials for the installation of the temporary office (consor equipment, sorl) and was stationed at the site by the Defendant’s head of the site office, and managed, supervised, and ordered the work.

Therefore, the head of the defendant's site office confirms that before the plaintiff performs pipeline work, he/she has good condition of fixing his/her sand position board.