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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 62,871,721 as well as to the plaintiff on February 6, 2014.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged based on Gap evidence Nos. 1, 8, 10-1, 7, 11, 13, 19, 20, Eul evidence Nos. 3, Eul evidence Nos. 6 and 7-1, 2, and 7-1, 7-2, and testimony of the first instance court witness G.
The defendant is a company that manufactures and sells main products at a factory in Chungcheong City C (hereinafter referred to as the "factory in this case").
B. On February 14, 2011, the Defendant concluded a construction contract for the renovation and repair of the instant plant with E engaging in the construction business in mutual name (hereinafter “instant construction contract”).
C. At around 14:30 on March 13, 201, the Plaintiff, an employee of E, was engaged in the work of installing a water home duct with a height of 5 meters high from the ceiling to the ceiling (hereinafter “instant work”) for the repair of a factory under the instant construction contract.
At that time, the foreign worker J (J, hereinafter referred to as the “J”) operated the Macon within the factory of this case, moved an object through the Haistist, without discovering the plaintiff in the direction of the process, and caused the plaintiff to conflict with the Had Kadles, and thereby caused the plaintiff to suffer from the accident of this case, which caused the plaintiff to suffer from the injury, such as the second Hadge beam of the Hadge beam.
2. Occurrence of liability for damages;
A. In full view of the aforementioned evidence 1) the Defendant’s tort liability: (a) the Plaintiff, at the Defendant’s request, was engaged in the instant work in the instant plant on March 13, 2013; (b) the Plaintiff’s carcers, who were enrolled in the instant work, were the equipment provided by the Defendant; and (c) the fact that there was no employee other than the J at the time of the instant accident, etc., the Plaintiff controlled and managed the Defendant at the Defendant’s request.