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(영문) 창원지방법원 2019.02.15 2017가단119519

손해배상(기)

Text

1. The Defendants shall jointly:

A. As to Plaintiff A’s KRW 64,429,834 and KRW 60,768,376 among them, from August 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs are parents of E.

Defendant C is the representative of “G” who performs parking facility repair business, etc. at the window F of Changwon-si, and Defendant D is the actual operator of “G” as the husband of Defendant C.

B. At around 11:40 on August 14, 2017, Defendant D had Defendant D repair the 1st unit of the said parking box from the I Hospital mechanical parking box located in Masan-si H in Changwon-si, Changwon-si.

At the time, the premium rate No. 1 was located at a height of about 17 (30 meters) and the part which was partially melted by a motorized machine (a machine), which is its power source, was weak and cut off, there was a risk of crashing workers who work in the area due to a sudden increase in the horizontal size connected to the motor vehicle axis.

C. E, while engaging in repair work at the above offboard work plate Nos. 1, cut off a part adjacent to the sprink sprink, thereby getting off the center due to a sudden increase in the sprink 1st century, felled into the first floor, and died by the alley splate at around 13:32 on the same day.

(hereinafter “instant accident”). D.

Defendant D was indicted on suspicion that “Prior E did not wear a safety cap or safety belt, did not take protective measures, such as a safety net, in the opening of the lifts, and caused E’s death by negligence without taking safety measures by appointing a work commander in advance by checking the existence of defects in the lifts machinery,” and was indicted for death by occupational negligence or violation of the Occupational Safety and Health Act on July 17, 2018. The above judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 6, 9 (including partial lot numbers), Eul 1, 3, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts found by Defendant D, Defendant D works in Egypt.