[손해배상(산)][공1990.12.15.(886),2415]
Where a contractor for construction works has settled a site director and specifically directed and supervised workers, whether the contractor is liable for the injury suffered by the victim due to the negligence in the performance of his/her duties by the subcontractor's employees who have been subcontracted with the work (affirmative)
The Defendant directly supplied Party A with construction materials necessary for the future while giving a contract to Party B for construction work, and stationed Party B as the site leader, and specifically directed and supervised workers for the implementation of the overall construction work. Party A, during the construction work, provided labor subcontracting to Party B on the rooftop and provided labor subcontracting to the Plaintiff and Party A as a daily allowance for work, in the event that the Plaintiff was injured due to the negligence in the course of justice execution, the Defendant was in a relationship of direct direction and supervision of Party B and its work members who received a subcontract through Party B, the site manager, and thus, the Defendant is liable for compensation for the damages suffered by the Plaintiff due to the negligence in the course of justice as an employer.
Articles 756 and 757 of the Civil Act
[Plaintiff-Appellant] Plaintiff 1 and 1153 (Gong1984, 101)
Kim Dong-sik et al., Counsel for the defendant-appellant-appellee
Kim Kim-bok, Attorney Hong-sik et al.
Seoul High Court Decision 90Na2651 delivered on June 14, 1990
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
According to the reasoning of the judgment of the court of first instance as cited by the court below, the court below acknowledged that, based on macroficial evidence, the defendant, based on macroficial evidence, ordered the non-party interested party to directly supply the non-party 1 with construction materials necessary for the future, stay the non-party 1 in the construction site as the site manager, and specifically directed and supervised the work members with regard to the execution of the overall work. The above understanding area provided the non-party 1 with a sand transport work on the rooftop among the non-party 1 with a labor subcontract to the non-party 1, who was employed by the plaintiff Kim Dong-dong and the non-party 1 as a daily allowance for the work under the direction and supervision of the above site manager, the accident occurred in this case. The defendant was in a direct relation with the direction and supervision of the non-party 1 and the work members who were employed by the non-party 1, the site manager, and thus, the employer is liable for damages suffered by the plaintiffs due to the negligence of the non-party 1's name.
In light of the records, we affirm the fact-finding and decision of the court below, and there is no error in the misapprehension of the legal principles as to the mistake of facts or contract due to violation of the rules of evidence such as the theory of lawsuit.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Song Man-man (Presiding Justice)