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(영문) 대전고등법원 2019.04.17 2018나14517

손해배상(국)

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1. All appeals by the Defendants and the incidental appeals by the Plaintiffs are dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. The reasons for this part of the basic facts by the court are as follows: “Defendant F Co., Ltd. (hereinafter “Defendant F”)” in Section 17 of Section 3 of Section 17 of the judgment of the court of first instance; “Defendant F Co., Ltd. (hereinafter “Defendant F”)”; “Defendant F K at the time of the registration of the representative director at the time of the registration of the U”); “Defendant F” in Section 4; “Defendant F” in Section 5 of Section 4; “Defendant U”; and “Evidence 2, 3, 4, 5, 14, 20” in Section 40 of Section 10 of Section 4; “No. 2, 3, 4, 5, 14, 20, and 31”; “No. 9 of Section 9 are as follows.

E. L filed an application for formal trial against the above summary order, and on January 25, 2019, the Daejeon District Court rendered a judgment of conviction of a fine of 3 million won for the crime that L had the Plaintiff suffered an injury due to occupational injury, such as light and number of copies necessary for treatment for about 32 weeks and damage to detailed unknown matters, etc. in the above formal trial case, and the above judgment became final and conclusive on February 2, 2019 (Seoul District Court Decision 2018Gohap65 decided January 25, 2019).

2. Summary of the parties’ assertion

A. The summary of the plaintiffs' assertion 1 is that the defendant U who performed the construction of this case at the location of the accident of this case was negligent in failing to take measures to prevent the fall accident of this case and suffered bodily injury. The defendant U is liable to compensate the plaintiff B, D, E, and C, who is his family member, for the damage caused by the accident of this case.

In addition, the accident location of this case is a public structure that is responsible for the management of the defendant's budget group, and since the defendant's budget group failed to fulfill its duty to take protective measures, the defendant's budget group is responsible for compensating the plaintiffs for damages in accordance with Article 5 (1) of the State Compensation Act and U.S. is ancillary.