The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. The Plaintiff is a legal entity that performs industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the Defendant is an insurer that has concluded a construction machinery insurance contract (including the content of security: personal injury compensation I, personal injury compensation II, etc.) with respect to the B-free tramway type (hereinafter “instant midline”).

B. C Co., Ltd. (hereinafter “C”) contracted a “D installation work” with the competent military authority, and entered into a construction machinery lease agreement (including a driver) with the F that operates E on January 5, 2014.

C. Around 15:00 on February 3, 2014, employees of C were employed to dismantle boom booms in the instant season after completion of navigation operation at D installation sites located in Chungcheongnamnam-gun G.

H, according to the direction of the Working Group C, he was found to have set up the fruit (34m) connected to the end of the instant season, and he fell from the floor below 2.5m of I, J, and K, a worker belonging to C, who was working at the boom booming booming while the fruit, which was connected to the end of the instant season, was cut, and he fell into the floor below 2.5m, and I suffered from the injury such as the right-hand booming boom, etc., and J, the right-hand slelet, etc., and K suffered from the injury such as the booming boom.

(hereinafter “instant accident”). D.

Until February 5, 2016, the Plaintiff recognized the instant accident as an occupational accident, and paid 23,107,420 won for temporary layoff benefits, 9,318,530 won for medical care benefits, 21,359,80 won for disability benefits, 21,784,59,80 won for temporary layoff benefits, 26,621,270 won for disability benefits, 52,091,490 won for disability benefits, 33,009,79,790 won for temporary layoff benefits, and 830,570 won for medical care benefits, respectively, to the re-employed K.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether liability for damages arises;

A. The Plaintiff’s assertion that the instant accident occurred is the operator of the instant aircraft during the season.