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(영문) 서울중앙지방법원 2018.02.02 2015가단5028459

손해배상(산)

Text

1. The Defendant’s KRW 52,429,727 as well as the Plaintiff’s annual rate from March 1, 2014 to February 2, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a company that received a supply of C&A project implemented on the ground of 196,00 square meters of land in the Seoul Special Metropolitan City of P&P Co., Ltd., and the Defendant’s assistant intervenor is a company that received a supply of the site creation project from the Defendant.

The Plaintiff is an employee employed by the ethyl Korea Co., Ltd. (hereinafter “Sethyl Korea”) who re-subcontracted the construction work of a temporary bridge (hereinafter “instant construction work”) from the Intervenor assisting the Defendant.

B. At around 15:20 on March 1, 2014, the Plaintiff, along with D, engaged in punching the base file on the land at the construction site of the instant case, was engaged in astronomical work using punch (weight 40km) in order to combine the base file on the ground at the construction site of the instant case. At the time, the Plaintiff, using a fiber PPp, brop, shocked the Plaintiff’s shoulder during the following work.

(hereinafter referred to as “instant disaster”). C.

Due to the disaster of this case, the Plaintiff suffered injuries, such as cageolleys, cage cages, and cages of the aftermath, etc.

[Ground of recognition] The fact that there is no dispute, Gap evidence 4, Gap evidence 8-1, 2, and 3, witness E, F, and G's testimony and purport of the whole pleadings

2. Determination as to the occurrence of liability for damages

A. In the case of a contract, in principle, a contractor does not have a duty to take safety measures necessary for the prevention of accidents in relation to the contractor's work. However, in the case of special circumstances such as the contractor's duty to manage and supervise the contractor's work, the contractor has a duty to take safety measures necessary for the prevention of accidents (see, e.g., Supreme Court Decisions 95Do2263, Jan. 26, 1996; 2008Do7030, May 28, 2009).