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(영문) 서울서부지방법원 2016.03.17 2015나4881

손해배상

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. A. Around March 2012, the Plaintiff joined the Defendant Company, and was in charge of the installation of a house for coarcing as a wooden hole at the work site of the subway 9, the subway 916 and the 928 work site located in Samsung-dong, Gangnam-gu, Seoul. 2) around May 25, 2012, the Plaintiff was working in the above four work districts around May 25, 2012, but the said work district was set up at a 7m width, which differs from the above work districts and the height of 3m.

3) Among the above steel channel installation zone, blasting work was conducted in the opposite part of the above steel channel installation zone. In other words, in the middle part of the above steel channel installation zone, it was towed work to 20 meters away from the blasting rock wall to the above ground. It was conducted in such a way that cles on the ground get out of the floor of the above steel channel installation zone and then move the clamt (soil) or soil into the clamshes. It was done in such a way as to cut off the clamshes into the clamshes. The above signal number was cut for safety while moving the clamshes, and warning was made during the above clamshes' movement. 4) The plaintiff was tried to use the above steel channel installation zone through the above clamshes' outer entrance and exit 300 meters away from the above steel wall installation zone, and the plaintiff was tried to use the above 115th safe wall installation at the same time as the above clamshes' body.

(hereinafter “instant accident”). At the time of the instant accident, there was no signal number, and no warning sound was given.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, 14, Eul evidence 3, witness C at the trial.