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(영문) 대구지방법원 2019.04.03 2018가단114959

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 18, 2017, the Defendant contracted to E Co., Ltd. (hereinafter “E”) for sewage pipe construction work (excluding complex construction work; hereinafter “instant construction work”) among the two lots of housing site preparation projects outside the Seoul-do, Seopo-si and two parcels of land.

B. On September 1, 2017, Plaintiff A, at or near the construction site of the instant construction located in Seopo-si in Seopo-si, Seopo-do, Seopo-do, 2017, was subject to minculization and minculization of the upper upper part of the left side by getting a bicycle and getting a bicycle on the same day.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 7, 12, Eul evidence 13-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff Company A was in the construction site of the instant construction site in Seopopo-si, Seopo-si, Seopo-do, and was injured by getting a bicycle. However, at the time, the instant accident site did not have safety management facilities that can allocate or substitute signal numbers at night, such as where no signal numbers are installed.

The contracting authority of the instant construction project or the ordering authority of the instant construction project shall include the safety management expenses of the instant construction project, verify the details of the use of safety management expenses of E, the contractor, and manage the risk factors of traffic safety and traffic flow around the instant construction site, but there was negligence by negligence. Accordingly, the Plaintiff A suffered injury at the site of the instant accident where safety management facilities are not properly installed.

Therefore, the defendant is liable for damages in accordance with Article 750 and Article 757 of the Civil Code.

B. The contractor is not liable for the damages incurred by the contractor to a third party on his day.

However, this provision shall not apply where there is gross negligence on the contractor's part of the contract or instruction.

(Article 757 of the Civil Act). In such a case, the contractor shall be liable for the damages incurred by a third party in connection with the contract of work unless he was grossly negligent in the contract of work or instruction.