1. The plaintiff's claim is dismissed.

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

1. On May 19, 2014, the Plaintiff felled on May 19, 2014 (hereinafter “instant accident”) from the part of the work site (one-time) of the main work for the formation of a tent (hereinafter “instant mooring work”) at the site of the interior works with the Busan Jin-gu Busan Metropolitan City 35th floor D (hereinafter “instant mooring work”). As a result, the Plaintiff suffered injury on the brain surface, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 8, the purport of the whole pleadings

2. Determination

A. The Defendant, which caused the instant lawsuit, contracted the instant design to E, and E used the Plaintiff, etc. during the process of the said labor contract. As such, the Defendant, as the Plaintiff’s actual employer, has been obligated to take into account the Plaintiff’s physical harm during the process of the work, was liable for nonperformance, and thus, is liable for tort as an employer under the Occupational Safety

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident. The scope of damages is 22,297,840 won for pharmacologic treatment expenses, 12,747,500 won for hearing aids, and 20,000 won for consolation money.

B. The summary of the Defendant’s assertion did not specifically direct and supervise the construction of the instant case, and thus, the Plaintiff’s actual employer relationship is not effective. The statute of limitations for tort liability was three years.

C. In the case of a labor contract, such as the case where a subcontractor re-subcontracts only the construction parts while supplying them to a construction technician, the contractor and the contractor’s employees are substantially in a relationship between the employer and the employee.

(see, e.g., Supreme Court Decision 96Da53086, Apr. 25, 1997). In full view of the witness F’s testimony and the fact-finding reply regarding G, the Defendant’s entire purport of the pleading is as follows.