The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. 1) Status of the parties 1) The Plaintiff is C and D flag (hereinafter “instant flag”).

(2) The Defendant is the contractor of the E construction site in which the accident occurred (hereinafter referred to as “instant construction site”).

B. (1) The instant accident occurred, while the Defendant was performing construction works at the instant construction site on July 25, 2018, the F excavation season was transferred. (2) On the same day, the Defendant contacted G, a mid-term rental company, with a view to rescueing the cater on the same day, and leased the instant cater including H, a driver.

3) Around 18:30 of the same day H is an accident that: (a) while operating the instant weighter at the construction site of this case and conducting salvage operations for the said permiter, the instant accident is the accident that: (b) the instant permitr fells into the bottom of the said permiter and destroys the said permiter (hereinafter “the instant accident”).

(c) On September 11, 2018, the Plaintiff paid KRW 51,742,50,000 as the property compensation to I, the owner of the above mining search period, as the result of the final payment of the insurance money. 【The fact that there is no dispute over the grounds for recognition, entry in Gap’s evidence Nos. 1 and 5, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion occurred due to negligence in safety management of employees belonging to the Defendant, who are the person in charge of management at the construction site.

Since at least 50% of the defendant is liable to the defendant, the plaintiff is seeking payment of 25,871,250 won (51,742,50 won) corresponding thereto.

B. 1) Determination 1) In a case where a lessor, who is an employee of the lessor, leases and causes the lessor to drive the while on lease with the driver, the lessee requires high level of expertise, so the lessee’s direction and supervision over the mid-term operator is limited to the extent necessary for the use of the mid-term operator (the lessee is working as a lessee).