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(영문) 울산지방법원 2015.10.23 2014가단66757

손해배상(자)

Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 41,823,630, and KRW 39,823,630 and each of the said money to Plaintiff B. < Amended by Act No. 12424, Mar. 3, 2014>

Reasons

1. Basic facts

A. (1) On August 16, 2013, D Co., Ltd. awarded a contract to Defendant C for construction of D factory located in Ulsan-gun Eable block (hereinafter “instant construction”). (2) Defendant C Co., Ltd subcontracted the instant construction of reinforced concrete among them to the support technology group for the Defendant Co., Ltd.; and (3) Defendant C Co., Ltd re-subcontracted to F (trade name : G) with respect to non-construction work of reinforced concrete among the said construction.

B. Around March 22, 2014, the network H (hereinafter “the network”) agreed with the F to work by March 21, 2015 as a daily rate (daily: 1.50,000 won) at the construction site of this case between the said F and the said F, and entered into a labor contract.

On March 22, 2014, the Deceased, who is an employee of the above F, felled on the floor at approximately 3.5 meters high from the 3.5 meters high due to the fire during the construction site of the instant construction, and suffered injury, such as the number of days of treatment in an insurction.

(hereinafter referred to as “instant accident”). E.

On July 12, 2014, after the instant accident, the Deceased died due to an excessive explosionous shock at the Yangsan National University Hospital around 07:18.

F. The foregoing F and the team leader I of the G, who operated G due to the instant accident, were indicted against occupational injury and violation of the Occupational Safety and Health Act; Defendant C’s vice president J and Defendant C’s violation of the Occupational Safety and Health Act; and Defendant C was sentenced to each of the fines imposed on June 19, 2015, Ulsan District Court 2014 high-level3781, respectively; and the judgment became final and conclusive as is.

G. The plaintiff A puts the deceased, and the plaintiff B is the mother of the deceased.

H. The Plaintiffs received KRW 8,584,800 of temporary layoff benefits, medical care benefits of KRW 18,762,390, funeral expenses of KRW 13,140,000, and survivor pension of KRW 82,687,560, from the Seoul Labor Welfare Corporation due to the death of the Deceased, until July 28, 2015.

[Ground of Recognition] Facts without dispute, significant facts, Gap evidence 1, 2, 5, and 6 (including each number; hereinafter the same shall apply), Eul 1.