손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Defendant is a construction business operator who built a new building of the ground building C in Chungcheongnam-gun (hereinafter “instant construction”), and the Plaintiff is a daily-use worker who concluded a labor contract with the Defendant and performed the work of installing a roof tennis during the said construction.
B. On December 4, 2015, around 11:50 on December 4, 2015, the Plaintiff went to the roof by using a bridge to carry out a roof pentry work of the building located in the instant construction site. After the lapse of 5-10 minutes from the point time, the Plaintiff landed from the roof by using a private bridge on which a report on personal sports is filed, and cut off from the roof to the height of 1.2 meters from the ground, and fell to the floor along with the private bridge.
(hereinafter referred to as “instant accident”). C.
The plaintiff suffered from injury, such as a pelvise, etc. due to the accident of this case, and appeals to the left-hand reduction of luxa and luxa, etc.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including the number of branch offices), the result of a physical commission to the chief of the court before the court of first instance, the purport of the entire pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion is an employer to the plaintiff at the construction site of this case, who provides safety education to prevent safety accidents, and provides safety equipment, such as safety harmony, safety level, safety cap, etc., and the duty to protect the plaintiff from any accident by fixing the bridge in his hand and failing to perform such duty despite the duty to protect the plaintiff from any accident. Thus, the plaintiff's damages incurred due to the accident of this case 164,073,497 won [property damages 154,073,497 won [property damages 154,073,083 medical expenses of KRW 180,08,083 medical expenses of KRW 445,650 [39,651,264 for future treatment expenses of KRW 180,00] x 70%) and damages for delay shall be paid to the plaintiff.
B. Determination 1 employer is ancillary to the principle of good faith accompanying the labor contract.