손해배상(산)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the owner of the construction work of the 4th floor of the C ground and the new construction work of the neighborhood living facilities (hereinafter “instant construction work”).
B. Around July 2013, the Defendant entered into a contract with Nonparty D (E representative) for the instant construction work (hereinafter “instant contract”) with the terms of KRW 679,80,000 for the construction cost (on a flat basis of KRW 3,300,000) and the construction period from September 13, 2013 to January 20, 2014 (hereinafter “instant contract”).
C. D employed F as the site manager of the instant construction, and D and F performed the construction without installing safety facilities, such as safety launchs and crashs, on the outer wall of the instant construction project. D and F performed the construction project without installing safety facilities on the outer wall of the instant building.
On November 21, 2013, the Plaintiff suffered from an injury, such as an acute shocking and abrupting blood on the wind falling below, while maintaining a balance in the installation of a knife system of outer walls on the second floor of the construction site of this case at the construction site of this case.
(hereinafter “instant accident”). D.
D and F were sentenced to a summary order of fine for injury caused by occupational negligence (each of 3,000,000 won) in relation to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16 and Eul evidence Nos. 6, 7 and 14 (including branch numbers), the facts with significant facts in this court, and the purport of the whole pleadings
2. The assertion and judgment on the grounds of the claim
A. The Plaintiff’s first assertion 1) The Defendant, a contractor of the instant construction, is liable to compensate the Plaintiff’s damages caused by the instant accident for KRW 190,322,290 (25,572,725 KRW 80,000,000 - 56,238,779 KRW 578,779,00,000, KRW 56,238,779) as well as for the performance and method of the instant work under the condition that the right of supervision was reserved. 2) The Defendant, a contractor of the instant construction, is liable to compensate the Plaintiff’s damages due to the instant accident.