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(영문) 대구지방법원상주지원 2016.07.21 2015가합2191

손해배상(기)

Text

1. Defendant C’s each of the Plaintiffs’ KRW 39,479,025 as well as 5% per annum from January 21, 2015 to July 21, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are children of the network D.

On August 2, 2014, the network D contracted the construction of a farming house (hereinafter “instant house”) to E on a door-to-si basis, and E subcontracted the installation of boiler and sewerage pipeline facilities to Defendant C during the said construction.

B. Around December 26, 2014, Defendant C (hereinafter “Defendant C”) constructed a lux oil boiler (hereinafter “instant boiler”) manufactured by the Defendant Haki Co., Ltd. (hereinafter “Defendant Company”) on the instant housing.

C. The network D began to reside in the instant housing from January 2015, before approval for use was granted for the instant housing.

On January 20, 2015, the net G living together with the network D sent a text message to E, “Boiler re-slocks by stoping down slickly and repeating back to slick, and most strings are very cold and frozen by very cold and frozen directors and directors of the very cold and frozen agents. Domestic work takes the measures of the special group.”

On January 21, 2015, the network D and net G were found to have died in the instant house, and the concentration of the deceased’s blood hexane-Hogle was 62%.

(hereinafter referred to as the “instant accident”). The concentration of the death by blood Chylcarbon-Hogle-Hogle is 60-80%, and the minimum density of the death by 40%.

E. Following the deceased’s death, Defendant C was sentenced to a sentence of two-year suspension of execution in October of the imprisonment without prison labor for the crime, such as occupational death, etc. in the Daegu District Court resident support 2015dan602 on March 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9 (including the number with each number; hereinafter the same shall apply), Eul evidence Nos. 2, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. Defendant C, which caused the Plaintiffs’ claim, installed the boiler of this case, and performed the pipeline construction on the instant housing, and the Plaintiff did not flow in the interior of the boiler.