1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 5, 2008, the Defendant contracted the construction of Taeyang Industries Co., Ltd. (hereinafter “Sayang Industries”) with the height of construction B, as a main axis.

B. The Plaintiff and C were the employees of the non-party company. On June 12, 2009, C, at the construction site of the main body of the above C on June 12, 2009, went beyond the floor of the Plaintiff and the Sivia attached to the Plaintiff, followed by taking a wooden part, thereby causing injury to the Plaintiff, such as cutting off the right to the upper part, which requires treatment for about 12 weeks.

(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] Gap evidence 3, 9, Eul evidence 4-1, 2, Eul evidence 1, Eul evidence 2-1, 2-2, and the purport of the whole pleadings.

2. Plaintiff’s assertion and judgment

A. The Defendant, who is the contractor of the Plaintiff’s assertion, was responsible for the illegal act of the Defendant, who is an employee of the Nonparty Company, as the Nonparty Company directly or specifically directed and supervised the contracted construction work, such as permanently staying at the construction site of the Defendant Company.

However, the instant accident occurred due to the Defendant’s breach of duty to protect the Plaintiff’s life and body safety, who is an employee, and thereby, the Plaintiff suffered property damage and mental damage.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of partial claim, which is 21 million won (i.e., property damage 15 million won) and damages for delay.

B. The health care unit and the contractor shall not be liable for the damages incurred by the contractor to a third party on the date unless there is gross negligence on the contract or instruction (Article 757 of the Civil Code). However, where the contractor has reserved the specific direction and supervision on the progress and method of the contractor, the relationship between the contractor and the contractor does not substantially differ from the relationship between the employer and the employee and the contractor.