1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 201, Defendant Company contracted the construction work for replacing sewage pipes of B apartment (hereinafter “instant apartment”) with the Company C (hereinafter “instant construction work”).

B. C Company employed the Plaintiff to carry out the instant construction. On July 19, 201, the Plaintiff was engaged in the work of spreading soil by inserting them by inserting them for the replacement of sewage pipes. However, in covering the Plaintiff where concrete, stones, soil sand, etc. are doing work, the Plaintiff suffered injury, such as a tamping thirth of the right-hand thirst, right-hand stample, right-hand stample, 3, 4, 5, and 6 straw thirth of the right-hand stample, a stample of the right-hand stample, a stample of the inside, and a photographed string, satd, satd, satis, and negal damage, etc.

[Ground of recognition] Unstrifed facts, Gap evidence 1 and 2, and the result of the order to submit documents to the Korea Labor Welfare Corporation

2. The plaintiff asserts that the defendant is responsible for compensating for damages arising in relation to the accident of this case as the contractor of this case, since he was gross negligence, such as the defendant's unreasonable order of work in a continuous situation of depression.

Unless there is gross negligence on the contract or instruction, the contractor shall not be liable for the damage inflicted upon a third party on the date of the contract (Article 757 of the Civil Act). However, where the contractor has reserved the specific direction right on the progress and method of the work of the contractor as in the case of the labor contract for which the materials and facilities are supplied only in the course of the contract, the relationship between the contractor and the contractor does not substantially differ from the relationship between the employer and the employee, and the contractor shall be liable for the damage caused by the illegal acts of the contractor or the person under consideration.

The supervision over the contractor, which is the basis for the recognition of the above-mentioned employers and employees, is at the site of construction works.