손해배상(산)
1. The Defendant’s KRW 22,038,394 as well as 5% per annum from August 16, 2011 to August 11, 2015 to the Plaintiff.
1. Occurrence of liability for damages;
A. Facts of recognition 1) The Defendant is a person engaged in the production of industrial tent, etc. under the trade name of “C”, and the Han Chang Construction Co., Ltd., Ltd. (hereinafter “ Han Chang Construction”) around June 1, 201.
(2) Around August 2011, the Defendant requested the Defendant’s partner E to supplement the rupture of the steel pipe in the rupture of the rupture frame installed by the Defendant (hereinafter “instant construction”), and E employed F and the Plaintiff as a worker in order to perform the instant construction.
3) On August 16, 201, the Plaintiff, even with F, was doing the instant construction. Around 15:00 on August 16, 201, the Plaintiff 3.6 meters high from the second project engine, and then, in order for F to move the said work engine to the part of the work, the Plaintiff felled with F, thereby causing injury, such as a 1st century. (hereinafter “instant accident”).
4) The Plaintiff and F did not receive safety education from Defendant or E in performing the instant construction work, or received safety equipment, and there was no safety device attached to the work launch plate used at the time of the instant construction work.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers in the case of additional number), Eul evidence No. 4, part of Eul evidence No. 3, witness F's testimony, the purport of the whole pleadings
B. 1) With respect to the Plaintiff’s assertion of this case, the Defendant is an employer who employs the Plaintiff, and the Defendant bears liability for damages arising from tort against the Plaintiff. Even if the Plaintiff is an employee of E, the instant construction falls under the labor contract, and thus, the Defendant is liable for damages against the Plaintiff.
(b).