1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff operates retail stores with the trade name “Dma” on the first floor of Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and the Defendant, who has completed business registration under the trade name “E”, is operating the printing shop on the second floor of the instant building (hereinafter “Defendant shop”).

B. Around April 2015, F, the Defendant’s husband and the joint lessee of the Defendant shop, was to pay KRW 100,000 as working price, upon request from G (H representative) to remove the iron plates located inside the Defendant shop.

At the time, F asked G to remove iron plates from it, “F shall cut not only 2 closed iron bars cut off in the ceiling of the Defendant shop, but also changed.” At the same time, G accepted them.

C. At around 4:00 p.m. on April 13, 2015, G completed the removal of iron plates using mountain stacks, and began with the cutting of steel plates using mountain stacks upon F’s request.

그런데 작업 과정에서 고열의 산소용접기 화염이 천장 및 철제 파이프를 달굼으로써 철제 파이프가 연결되어 있던 원고의 1층 창고(피고 점포 바로 위) 바닥에 놓여 있던 상자에 불이 붙게 되었고, 그 불이 점차 확대되어 결국 원고의 창고 내부에 보관되어 있던 다수의 판매용 물품(음료수, 과자, 라면, 식품, 잡화 등)이 소훼되었다

(hereinafter referred to as “instant fire”) . The ground for recognition . 【No dispute exists, as described in Gap’s Evidence Nos. 1 through 8, 12 through 18, 21, and 22, and the purport of the entire pleadings and arguments.

2. The parties' assertion;

A. The plaintiff's assertion 1 is that the defendant entrusted the steel pipe cutting work to G in detail and supervised the work method. This constitutes a so-called "labor contract", and the defendant is liable for the employer's tort against G.