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(영문) 수원지방법원 2020.11.12 2019가단524040

손해배상(산)

Text

1. Defendant C’s KRW 28,353,876 as well as the Plaintiff’s annual rate from February 3, 2018 to November 12, 2020.

Reasons

1. Basic facts

A. On March 22, 2017, Defendant B entered into a contract for design, contract, and supervision with respect to the construction of neighborhood living facilities and multi-family houses E-family houses in Suwon-si, Suwon-si (hereinafter “instant construction”).

B. D subcontracted the instant construction to Defendant C on March 22, 2017.

C. On February 3, 2018, while dismantling the rain and scattering dust prevention network at the construction site of the instant construction site, the Plaintiff suffered bodily injury, such as mination of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the 4m height, falling into the floor, and then falling into the floor, and then suffered bodily injury, such as mincation of the upper part of the upper part of the upper part

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 1 through 3, and the purport of the whole pleadings as a result of the physical examination of F Hospital of this Court,

2. Occurrence of liability for damages;

A. The Plaintiff asserted that Defendant B is the Plaintiff’s employer and thus, the Plaintiff is liable to compensate the Plaintiff for damages arising from the instant accident pursuant to Article 756(1) of the Civil Act. In principle, the contractor is not liable to compensate for damages incurred by a third party regarding the relevant work, unless there is gross negligence with regard to the contract or instruction. However, where the contractor specifically directed and supervises the work’s progress and method, the relationship between the contractor and the contractor is substantially different from the relationship between the employer and the employee, and the contractor is liable to compensate for damages incurred to a third party due to illegal acts committed by the contractor or his employee. Here, the direction and supervision refers to the management of the contractor’s body by directly directing, supervising, and monitoring the operation and implementation of the specific work at the site (see Supreme Court Decision 2003Da1548, Nov. 22, 1983).