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(영문) 서울중앙지방법원 2018.09.21 2014가합502754

손해배상(기)

Text

1. The Defendants jointly share the amount of KRW 36,00,000 to Plaintiff A and the amount of KRW 36,000 from July 31, 2013 to Plaintiff B, and 3,472.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of concrete skin (registration number C; hereinafter “instant construction machinery”) and the Plaintiff B is an individual entrepreneur who leases the instant construction machinery and engages mainly in the maintenance and repair of concrete, construction, lease of construction equipment, etc.

B. On September 29, 2005, the Seoul Special Metropolitan City entered into a contract with Defendant Gold Mine Enterprise Co., Ltd. (hereinafter “Defendant Geum-gu”) and Gangseo-gu Seoul Metropolitan Government Dental Corporation (hereinafter “instant construction”). On October 4, 2005, the Seoul Special Metropolitan City entered into a contract with Defendant Samsung Technology Foundation (hereinafter “Defendant Samsung Technology Foundation”) to contract the full responsible supervision services of the instant construction.

C. On July 1, 2013, Defendant Gold-gu entered into a contract with Hando Construction Co., Ltd. (hereinafter “ Hando Construction”) to subcontract concrete structures, such as the slabs and protective walls of the expanded bridge during the instant construction.

Hank Construction leased and used the instant construction machinery from Plaintiff B.

While the instant construction is underway on July 30, 2013, around 12:50, at the E construction site and around 47 meters in length and 10.9 meters in height (hereinafter “instant bridge”) were the accidents falling below (hereinafter “instant accident”). Due to the instant accident, workers and construction equipment who worked on the upper board structure fall below the upper board structure and were buried on the upper board structure, and the instant construction machinery was buried on the site of the instant construction work.

E. He was convicted of the following facts: (a) Defendant Gold Mine Corporation’s field agent F, G, Defendant Samm Technology Group H, and employees I, together with the J and Hank Construction’s employees taking overall charge of the design work of the instant bridge; (b) caused the instant accident to death or injury to the human body during the instant construction work; and (c) the judgment was rendered.