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1. All of the instant claims are dismissed.
2. Of the litigation costs, the part pertaining to the participation by the Plaintiff’s Intervenor.
Reasons
Basic Facts
1) The Plaintiff’s construction implementation and the occurrence of an accident was contracted out by the Plaintiff in the Gangwon-gun C District of Gangwon-gun, and Defendant B entered into a contract with the Plaintiff on April 1, 2015, and Defendant B owned by Defendant B to the Plaintiff.
(1) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”) provides that the lease between April 1, 2015 and April 31, 2015, along with the number of drivers, shall be as follows.
(2) On May 17, 2015, Defendant A, a driver of the instant cler, was operating the instant cler under the direction of the head of the Plaintiff’s on-site office, and was engaged in the PC Park’s development. However, while F, who is an employee of the Plaintiff, was adjusting the installation location of the instant cler, the cler’s boom boom was cut down, and the cler’s boom boom was cut down, and the cler’s boom boom was cut down, and the cler died from the cler’s boom.
(3) On February 16, 2016, in relation to the instant criminal case’s progress, F’s mother succeeded to F solely. On February 16, 2016, F was sentenced to a fine of KRW 4 million for occupational injury and death, and Defendant A was sentenced to a fine of KRW 4 million for occupational injury and death, and Defendant A was sentenced to a fine of KRW 8 months for the same offense, and two years for suspended execution. Of the above judgment, the part against Defendant A was finalized. The Prosecutor appealed to E, and the appellate court (Scheon District Court 2016No242) declared that E was sentenced to imprisonment without prison labor for six months and suspended execution for the same offense, and the said judgment became final and conclusive as is.
On December 31, 2015, G payments of KRW 192 million to the Plaintiff’s G was made between the Plaintiff and the Plaintiff on December 31, 2015 to the effect that when G receives KRW 192 million from the Plaintiff, it would not raise any civil or criminal objection against the instant accident, and that the Plaintiff would not raise any civil or criminal objection against G on January 4, 2016.