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(영문) 수원지방법원 2019.11.14 2017가단501593

손해배상(기)

Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate from August 2, 2016 to November 14, 2019.

Reasons

1. Facts of recognition;

A. After receiving a contract from C for the new construction of a multi-household house on Pyeongtaek-si D ground (hereinafter “new construction of this case”), the Defendant subcontracted the construction cost of the new construction of this case to F who operates E in KRW 70,400,000.

B. On August 2, 2016, at around 09:20, the Plaintiff, a part-time employee of E, took a system vision that was not properly fixed while conducting the redrying work from the third floor outer wall of the instant new construction site on August 2, 2016, and was faced with an accident that crashs the gap between the volatile-distance outer wall and the shot board (hereinafter “instant accident”). Due to the instant accident, the Plaintiff suffered from the injury, such as the pressure of the 12 chest pressure of the 12 chest pressure, the marcization of the marc, and the marction of the marced marc, etc. at G hospital on August 2, 2016. After that, the Plaintiff continued to undergo the instant medical treatment, such as receiving the hospital treatment for 1131 days at H hospitals, National Transport Rehabilitation Hospital, I convalescent hospital, and the Korea Workers’ Compensation and Welfare Hospital, etc.

C. As to the instant accident, the Plaintiff received, respectively, KRW 133,438,10 of temporary layoff benefits from August 2, 2016 to November 30, 2019 and paid KRW 305,749,830 of the medical care benefits, based on the period of the medical care from August 2, 2016 to November 30, 2019.

【Ground for recognition】 Each entry in the evidence Nos. 2 through 5, 7 through 11, 13, 14 (including a provisional parcel number, if any; hereinafter the same shall apply), 1, and 1, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. (1) Article 29(3) of the Industrial Safety and Health Act provides that “When a contractor engages in work at a place where there is a risk of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as the collapse of earth and sand, etc., fire, explosion, falling or falling down, etc., a business owner under paragraph (1) shall take measures to prevent industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as the installation of safety and health facilities.”