1. The plaintiff's claim is dismissed.

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

1. On December 19, 201, the Plaintiff suffered injuries, such as the C Apartment Construction Work, which was implemented as part of the residential environment improvement project in Daegu-gu, Daegu-gu (hereinafter “instant construction work”), due to an accident falling below approximately 4.5 meters high water at the upper corner of the upper corner, resulting in an accident falling under approximately 4.5 meters high water level (hereinafter “the instant accident”), among the construction work of the C Apartment Construction Work, which was implemented as part of the residential environment improvement project in Daegu-gu (hereinafter “instant construction work”).

[Ground for Recognition: Unstrifed Facts, Gap evidence 2 through 5, Gap evidence 9, 18 (including each number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. The assertion and judgment

A. On the premise that the Defendant is the Plaintiff’s user, the Defendant is liable for damages suffered by the Plaintiff pursuant to Article 750 of the Civil Act, as the Defendant neglected the duty to prevent the fall accident by installing a safety net under the water tank in preparation for the fall accident, or wearing a safety gear, such as a safety height, and neglecting the safety education, direction, and supervision. ② Even if the Defendant did not employ the Plaintiff and entered into a subcontract with D, even if the Plaintiff is not the Defendant’s employee, the Defendant is in a labor contract relationship with D, and in such a case, the Defendant, the contractor, is in a position of the employer. Thus, the Defendant is liable for damages incurred by the Plaintiff due to the Plaintiff’s violation of the duty to protect D’s employees, as the Defendant was the employer of D’s safety and supervision.