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(영문) 서울중앙지방법원 2017.05.25 2016가합554735

구상금

Text

1. The Defendant’s KRW 178,500,000 for the Plaintiff and 5% per annum from September 24, 2016 to May 25, 2017.

Reasons

1. Basic facts were contracted by the Defendant at the Company A to “Yansan-si, a member B, 10B 82, and A, an Ansan-si, an Ansan-si, an Ansan-si, an Ansan-si, and subcontracted to the Plaintiff on December 30, 2008 the “Sami-si and the Exposure-dong Construction Work” (hereinafter “instant Construction Work”).

On April 15, 2009, C, a worker of the Plaintiff, engaged in the instant construction work, while performing official duties. During the floor painting work on the rooftop, C, a worker of the Plaintiff, was inflicted an injury on electric images, etc. by being involved in an accident that is reduced by a high voltage cable on the upper part of the transformers.

(2) The Plaintiff and the Defendant jointly filed a lawsuit against the Plaintiff and the Defendant for damages (hereinafter “instant accident”). On April 15, 2016, the appellate court rendered a judgment on April 22, 2016, “The Plaintiff and the Defendant jointly filed a lawsuit against the Plaintiff and the Defendant for damages, with KRW 467,695,181 (property damage KRW 427,695,181; KRW 40,000,000), and the Plaintiff’s appeal against the Plaintiff was dismissed on April 15, 2009 to April 22, 2016, the amount of 5% per annum, and 15% per annum from the next day to the date of full payment.”

(2016Da223678). On May 27, 2016, the Plaintiff paid KRW 595,000,000 to C.

Article 1 (Basic Principles) (1) The principal contractor and the subcontractor shall cooperate with each other on an equal footing to implement the contract in good faith.

Article 10 (Employees and Employees) (1) When the plaintiff employs any employee or employee in performing the construction work, he shall employ any person with considerable skills and experience in the execution or management of the construction work in question.

② The Plaintiff is fully liable as an employer for his/her agent, person in charge of safety management, employee, or worker.

Article 25 (Purchase of Insurance, etc.) (4) The plaintiff shall subscribe to employer liability insurance in preparation for any disaster.

(5)