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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. Basic facts
A. On November 18, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant with the terms that the Plaintiff would receive a contract for construction of reinforced concrete as KRW 121,00,00 (including value-added tax) during the construction period from November 18, 2016 to January 31, 2017, among the DNA construction works that the Defendant received a contract, and concluded the said subcontract on or around January 5, 2017, but did not receive KRW 81,00,000 out of the subcontract price.
B. On October 18, 2012, the Plaintiff entered into a subcontract with the Defendant on the construction period of reinforced concrete construction from October 20, 2012 to April 30, 2013, and the construction cost of KRW 620,400,00 (including value-added tax) among the construction works for the construction of the Fvalescent which the Defendant received as a contract. (2) On March 21, 2013, the daily worker G employed by the Plaintiff entered into a contract with the Defendant to receive a contract for the Plaintiff. (3) The instant accident involving the instant accident involving the injury on the left-hand part, such as the injury on the breast part of the 4th floor, which fell from the 4th floor to the 2nd floor while having been engaged in the work of moving a joint plate that was removed from the 4th floor to the 2nd floor.
From among the construction works of the F&C in the F&C in which the Defendant, the contractor for industrial accident workers G&C industrial accident, was performing an industrial accident in March 23, 2013 by the Plaintiff of the subcontractor for reinforced concrete construction.
Currently, in relation to industrial accidents, the defendant is responsible for G treatment and all the industrial accident parts related to the Korea Labor Welfare Corporation, and all civil and criminal issues such as compensation after the vehicle will be responsible for the plaintiff, who is the subcontractor, and there is no objection against G-related issues without raising any objection against the defendant, the original contractor.