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(영문) 서울동부지방법원 2020.10.30 2018가단133305

손해배상(산)

Text

1. The Defendants jointly share KRW 104,745,634 with respect to the Plaintiff, and 5% per annum from June 7, 2017 to October 30, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

) The D Hospital’s building located in Seoul Central District (hereinafter referred to as “instant construction site”) from D Hospital.

(E) is contracted for the extension work, and E (hereinafter referred to as “E”);

) In the above construction work, the installation work for an elevator was subcontracted to KRW 170 million of the construction cost. E is Defendant C Co., Ltd. (hereinafter “Defendant C”).

2) On June 7, 2017, the Plaintiff concluded a labor contract with Defendant C from November 201, and worked for the said Defendant Company. On June 7, 2017, the Plaintiff fell from the third floor of the instant construction site to the ground passage through the elevator, while performing the structural survey for elevator installation, along with F, with F as the worker at the same charge.

(C) The Plaintiff received temporary disability compensation benefits from the Korea Workers’ Compensation and Welfare Service from June 8, 2015 to June 30, 2018, and received disability compensation annuities from July 1, 2018.

5) The former Industrial Safety and Health Act (amended by Act No. 14788, Apr. 18, 2017; hereinafter “Industrial Safety and Health Act”) under relevant statutes

(1) The business owner of a business prescribed by Presidential Decree among the following, which is conducted at the same place under Article 29 shall take measures to prevent industrial accidents that may arise when his/her employees work and his/her employees work at the same place:

1. A project, part of which is outsourced under a contract. (3) A business owner referred to in paragraph (1) shall cause workers employed by his/her contractor to collapse, fire, explosion, fall, or fall down with the risk of collapse, such as earth and sand;