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(영문) 서울서부지방법원 2015.08.27 2014가단6414

손해배상(산)

Text

1. The Defendant’s KRW 35,53,188 as well as 5% per annum from June 24, 2012 to August 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 201, the Defendant, the representative of the joint supply and demand contractors, subcontracted the construction of soil and structures to the Yangyang Construction Co., Ltd. (hereinafter “Tyang Construction”) among the construction works of the Saemangeum Flood Control Zone 5 Section 5 Section.

B. The Daeyang-to-project re-subcontracted to B (hereinafter “B”) (hereinafter “B”) the installation work of file storage and household facilities among the above work.

C. Around May 4, 2012, the Plaintiff was employed in B, and worked at the construction site of five construction sections in the Saemangeum Flood Control Zone, from around June 4, 2012. Around June 24, 2012, the Plaintiff checked the power generator installed in the steering gear to use the power generator installed in the steering gear for the power generator for the power generation of the power generator installed in the steering gear. Around June 24, 2012, Non-Party D turned back the power generator connected to the power generator installed in the steering gear, and the Plaintiff’s bridge fell in the propeller and suffered injury, such as the opening of the mouth.

(hereinafter “instant accident”). D.

D is the head of the Working Group B, and the foregoing resistance and power generation are leased by B from a third party.

E. The Defendant was responsible for safety and health of the instant construction site by placing a field manager at the instant construction site and providing safety education to workers including the Plaintiff.

F. Meanwhile, due to the instant accident, the Plaintiff was paid KRW 22,026,710 for temporary layoff benefits, KRW 36,136,720 for medical care benefits, and KRW 65,706,660 for disability benefits.

[Ground for Recognition: Facts without dispute; Gap's statements in Gap's 1 through 6, 10, 12 through 15, Eul's 1 through 3 (including additional numbers), the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. According to Article 29(3) and (1) of the Industrial Safety and Health Act and Article 26 of the Enforcement Decree of the same Act, a contractor for construction works is a contractor.