손해배상(기)
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. The plaintiff's assertion is a construction business operator who received a contract from the plaintiff to install a purification tank for the second floor of housing located in Busan Dong-gu C.
On June 9, 2013, the defendant found the house above for the completion of the above construction. The plaintiff requested the defendant to add the door mold to the second floor in order to install the toilet door frame for the second floor of the above housing. The defendant approved this.
At the time, the plaintiff was listed on the 2nd stalth sloping, and was placed with the upper part of the door mold. On the other hand, the defendant was able to catch down the lower part of the door mold below the thalves.
However, D, which was passing around, did not go first from the time when he was pushed down under the door mold with the Defendant, and eventually, the Defendant was tightly pushed down the door mold under the throsium, and the Defendant was sweed down only the Defendant was sweed down the door mold, and the Plaintiff did not have the weight of the door mold to the first floor, thereby causing injury to the left-hand supervisor, etc.
Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort.
2. According to D’s testimony by the witness of the first instance trial, D, along with the Defendant, put D into the door frame with the Defendant, and the Plaintiff was engaged in the work of taking the door frame from the following in the second instance test. D, while entering the door frame, was no longer necessary to take the door frame, it is recognized that it was viewed as one’s own view, left the above site, and that the door mold subject to transport was large and large, and it was somewhat difficult for two persons to move.
However, it is not sufficient to acknowledge the fact that the Defendant laid the door frame while carrying out the work with the Plaintiff, on the sole basis of the above facts and the video (including the paper numbers, hereinafter the same shall apply) of Gap evidence 1, Gap evidence 2 and 3, and there is no other evidence to acknowledge it.
The result that the plaintiff, who was entering the door frame at a high place, fell into the floor.