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(영문) 서울중앙지방법원 2015.09.23 2013가단341795

손해배상

Text

1. The Defendants jointly share KRW 425,880,791 with respect to the Plaintiff and the period from April 15, 2009 to September 23, 2015.

Reasons

1. Basic facts

A. Defendant E-Tex Construction Co., Ltd. (hereinafter “Defendant E-Tex Construction”) awarded a contract for the “the construction of a three-dimensional factory in the Ansan-si Group C and B Co., Ltd. located in the 10B 82 Sinsan-si.” On December 30, 2008, Defendant E-CF Co., Ltd. (hereinafter “Defendant E-CF”) subcontracted to Defendant E-CF Co., Ltd. “Defendant E-CF Co., Ltd.” (hereinafter “instant construction”).

B. On April 15, 2009, the Plaintiff, an employee of the Defendant ABC, carried out the instant construction work with D, and was engaged in lebane painting. During the floor painting work on the rooftop, the Plaintiff suffered bodily injury, such as electrical, visual, etc., on the ground that the Plaintiff was involved in an accident attached to a high voltage cable on the part of the transformers, which was installed on the rooftop.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 2, 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3, 5, witness D's testimony, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. Recognition of liability 1) The former Occupational Safety and Health Act (amended by Act No. 9434, Feb. 6, 2009; hereinafter the same applies)

Article 29(2) and (1) of the former Enforcement Decree of the Industrial Safety and Health Act (amended by Presidential Decree No. 21653, Jul. 30, 2009); Article 26(2) of the former Enforcement Decree of the Industrial Safety and Health Act provides that a construction business owner who grants a contract for part of a project performed at the same place shall take measures to prevent industrial accidents prescribed by Ordinance of the Ministry of Labor when his/her employees work at a place where there is a risk of industrial accidents prescribed by Ordinance of the Ministry of Labor. The same shall apply to the former Enforcement Rule of the Industrial Safety and Health Act (amended by Ordinance of the Ministry of Labor No. 330, Aug. 7, 2009;

Article 30(5)(14) is close to a public cable, and the installation, dismantling, inspection, and repair of facilities are reduced.