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(영문) 인천지방법원 2020.01.14 2018가단241976

손해배상(산)

Text

1. The Defendants jointly share KRW 236,212,039 to Plaintiff A, KRW 160,808,027 to Plaintiff B, and each of them on June 2018.

Reasons

1. Basic facts

A. Defendant C is the representative of “F”, and Defendant D is the actual operator.

Defendant E is the owner of the H Hospital building located in Suwon-si G in Suwon-si, who currently operates the H Hospital.

B. On June 4, 2018, Defendant D entered into a construction contract with the I, who was the planning director of the H Hospital, and the I and the “BL ARR AD” for the construction cost of KRW 8,300,000,000 for construction period and seven days for construction period. Defendant D, upon the direction of the JJ of the head of H Hospital Management Division, commenced one working person including the Victim K and the construction work for the rooftop of the said hospital from June 4, 2018.

C. At around 12:25 on June 7, 2018, Defendant D instructed K to clean the removed painting of the floor near the special high voltage apparatus (150km) installed on the rooftop, while performing waterproof construction on the H Hospital rooftop.

Accordingly, while cleaning the waterproof materials removed in front of K's voltage, there was an accident of death by electricity from the left side of the head to the location of 22.9kv's special pressure flow. D.

Plaintiff

A is the wife of K, and the plaintiff B is the child of K.

【Ground for Recognition: Unsatisfy Facts, entries in Gap evidence 1, 2, and 4, the purport of the whole pleadings】

2. Occurrence of liability for damages;

A. Since Defendant C and D’s construction site are installed with special and high voltages, Defendant D and C had the victim, who is an employee working at a place with a danger of shock, wear a cooling protective outfit and have the victim wear it.

Nevertheless, Defendant D and C did not provide the victim with an automatic protective outfit, and did not notify the J as a construction supervisor, and did not inform the victim of it, and had the victim enter the 40 cm from the string line to the string line of 1m in the direction of the transformer.

Since the negligence of the Defendants was caused by the occurrence and expansion of the instant accident, the Defendants were to be an illegal act, and thus, they were to be the Plaintiffs.