1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On May 8, 2015, the Plaintiff was a constructor established for the purpose of dismantling non-building structures, etc., and reported to the head of the Seongbuk-gu Busan Metropolitan City, Daegu Metropolitan City, about the removal of 10 units of “B apartment building” (Nos. 1, 2, 3, 5, and 11 units) and attached structures (hereinafter “instant apartment”), 10 units of “B apartment building” in “B apartment building A” located in the head of the Gangseo-gu, Daegu Metropolitan City, which is the reconstruction construction site. From that time, the Plaintiff performed the construction of removing the instant apartment (hereinafter “instant removal construction”).

B. On June 20, 2015, the Plaintiff removed the road reinforced concrete outer wall on the 3rd floor of the instant apartment building No. 11.

당시 원고의 지시하에 압쇄기(壓碎機, crusher, 유압력을 이용하여 콘크리트를 눌러 부수는 장치)를 이용하여 철거작업을 하던 굴삭기 운전원 C는, 주된 작업인 압쇄작업으로 3층 외벽의 일부를 압쇄한 후 남은 벽체를 공사현장 안쪽(도로 반대방향)으로 끌어당겨 전도시키려 하였다.

At this time, the middle part of the outer wall of the remaining third floor is plucked (road direction) and concrete residues falls into the road, and part of soundproof walls (15m x 6m) installed at the construction site and part of the street lamps and the sidewalk block (1m x 3m) installed on the road were damaged, and part of the damaged street lamps installed on the road damaged on the road damaged part of the damaged street lamps were damaged by a d driving car (E) at the top of the air signal at the one-lane between the three-lane streets.

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

The Defendant against the Plaintiff on August 13, 2015, on the ground that “the Plaintiff faithfully performed construction works by intention or negligence,” Article 82(2)5 of the former Framework Act on the Construction Industry (Amended by Act No. 13469, Aug. 11, 2015; hereinafter the same shall apply), Article 80(1) [Attachment 6] of the former Enforcement Decree of the Framework Act on the Construction Industry (Amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same shall apply)

2. item (a).