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(영문) 부산지방법원 2017.08.31 2017나42248

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Occurrence of liability for damages;

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

(1) The Association is awarded a contract with the Association for the construction of a new apartment building in Nam-gu Busan Metropolitan City (hereinafter referred to as the “Defendant Geum River Construction”).

2) The Plaintiff, as an employee of the Geum River Construction, subcontracted civil and household installation works (one construction section) during the foregoing construction, was running a sprink and sprinking to prevent scattering dust in the area of “Ppuri” work (a sprinking equipment and drilling work) from October 27, 2015 as an employee of the Defendant Geum River Construction.

3) 원고는 2015. 10. 31. 위 작업구역에서 뿌레카 작업으로 갑자기 튄 돌에 안면부를 맞아 상악 좌측측절치 치관치근 파절의 상해를 입었다(이하 ‘이 사건 사고’라 한다

(i) [The facts without dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings.

B. According to the occurrence of liability for damages and the recognition of the above restriction, Defendant Geum River Construction, as an employer under an employment contract, shall take necessary measures, such as improving physical environment so that the Plaintiff, an employee, may not harm life, body, and health in the course of providing labor, and conduct safety education to the Plaintiff, although the Plaintiff is obligated to take

The Defendants neglected to perform their duty of care to wear safety equipment, such as a security light, and the Defendants are liable for the employer under Article 756 of the Civil Act as a contractor who directed and supervised the construction of the Defendant Geum River to the construction of the river. As such, the Defendants are jointly liable for the damages incurred by the Plaintiff due to the instant accident.

However, the plaintiff also needs to secure a sufficient safety distance in preparation for the cases of the sudden strawing of rocks that have been broken at the time of the ppuri work, and demand the payment of a security warning or seek cautions at the time of work.

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