1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

The Defendant was awarded a contract for the construction of an urban development project complex in Seocheon-dong 217, Seocheon-dong 217, Seocheon-dong 2, Seocheon-dong 2, the Urban Development Project Association. On August 26, 2016, the Defendant awarded a subcontract for the construction work cost of 8,782,000,000 Hoho Development Co., Ltd. (hereinafter referred to as the “Shocheon-dong Development”).

On May 5, 2017, the plaintiff was placed in the earth dump truck in the process of getting off the soil shed in the site of the above earth works and the structure works.

[Based on recognition, Gap evidence 2-1 to 6, Eul evidence 3-1 to 4, Eul evidence 1-1 to 2-1, Eul evidence 2-1-1, and the parties' claims for the whole purport of the pleadings are asserted by the parties concerned, and the defendant who is obligated to have a person in charge of safety and health management at the site of the above earth and structure construction work pursuant to Article 13 of the Industrial Safety and Health Act shall place two employees, and deliver a signal to the plaintiff so that the plaintiff may get his own soil well, and the placed employees should have sent the signal to the plaintiff by using the safety sealing.

However, the defendant placed only one employee at the above construction site to send signals, and its employees sent signals to their hand, not by safety sealing.

The plaintiff suffered losses from the plaintiff's dump truck due to the defendant's negligence and the defendant's employee's negligence, and thus, 23,000,000 won out of the repair cost is claimed to the defendant as compensation for tort.

The defendant awarded a subcontract for the land and structure construction among the above complex construction works to the substitute development.

Therefore, the defendant, who is a contractor, has no obligation to place two employees to send the signal to the plaintiff or to have the assigned employees send the signal to the plaintiff by using the safety salary.

In addition, the signal number assigned to the site at the time of the instant case was B employees of Daeho Development, and even if the negligence of B was recognized, the Plaintiff, the contractor, was the owner.