1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant, as a juristic person established for the purpose of construction business, etc., subcontracted the construction work of reinforced concrete among the above construction work to Sungwon General Construction Co., Ltd. (hereinafter “Mawon General Construction”) by ordering construction work of newly constructing a dormitory on two parcels outside Kimhae-si, Kim Jong-si.

B. Network D, which is a truck transport business entity (hereinafter referred to as “net”) and forking engineer E, upon request of the Defendant F from the head of the Defendant’s on-site, are engaged in the work of carrying loppy pumps, which are construction materials of reinforced concrete construction on the said new construction site, into 11 ton truck (hereinafter “instant removal work”). E used a vehicle on September 9, 2013 at around 07:20, while carrying 1.7 tons in weight, 1.7 tons in weight and loppy pumps (one oil pump is 600m x 1,200m, and 90 loppy pumps number) were loaded in order near the driver’s seat of the above truck, while continuing to be loaded on the part of the deceased, the part of the cargo pumps was loaded in the direction that was loaded on the back of the vehicle, and then the part of the cargo pumps was lost in the direction that was loaded on the back of the vehicle.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A The deceased’s spouse and the Plaintiff B are the deceased’s children.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1, 2, 3, 11, Eul's evidence 2, Eul's witness E's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Defendant’s On-Site Director ordered the Deceased and E to carry out the instant work, the Defendant did not pay safety equipment to the Deceased, etc. or assign safety officers at the work site. Therefore, the Defendant, as the user or contractor of the Deceased, is the deceased and the Plaintiffs due to the instant accident pursuant to Article 756 or 757 of the Civil Act.