1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

당사자 원고는 토목건축공사업 등을 주된 영업으로 하는 회사로서, D-E간 복선전철 중 시흥시 F에 있는 G 도로 인근 등지에서 진행되는 제2공구(이하 ‘이 사건 현장’이라고 한다)에 있어서 H 주식회사로부터 지하터널공사 등을 하도급받아 이를 시공하였다.

Defendant B, who is engaged in the business of transporting and loading construction materials by driving cars, was employed by the Plaintiff Company as a daily employee from January 2014 to January 2016, and was in charge of the business of unloading and piling construction materials at the instant site. Defendant C Co., Ltd (hereinafter “Defendant Insurance Company”) is an insurance company that entered into a business liability insurance contract with Defendant B.

I from November 2014 to October 2015, and from December 2014 to October 2015, J concluded a daily/temporary employment contract with each Plaintiff Company with each Plaintiff Company and ordered Defendant B to work as a household facility worker at the instant site.

The network K (hereinafter referred to as “the network”) was engaged in cargo transport business from October 2014 to January 2015 using 3.5 tons of cargo vehicles owned by itself.

L Co., Ltd. (hereinafter referred to as “L”) was dispatched to the site of this case M, who is an employee, as a business entity providing design advice related to the instant construction work to the Plaintiff.

The accident of this case and M, a worker of the deceased, asked I and J, who is an employee of the plaintiff, to temporarily load the steel products to be used at another construction site at the site of this case. The I and J consented to this and ordered B, a driver of the plaintiff, to load and unload the steel products being loaded by L to the deceased, etc., and served as a signal number at the loading and unloading work site.

around 15:00 on January 15, 2015, the Deceased’s Synthetic Team Assistant Steel around 3.5 tons at its own 3.5 tons.