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(영문) 인천지방법원 2018.10.19 2017가단32144

손해배상

Text

1. The Defendants jointly share KRW 152,880,000 with respect to the Plaintiff and the period from September 1, 2015 to October 19, 2018.

Reasons

1. Facts of recognition;

A. The Defendants entered into a contract and a subcontract jointly with the Dongjak-gu Seoul Metropolitan Government Office on January 31, 2013 entered into a contract with the Dongjak-gu Seoul Metropolitan Government D New Construction Works. On May 8, 2014, the Defendants entered into a contract with Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) to subcontract for reinforced concrete construction among the said construction works.

B. On July 1, 2014, the Plaintiff engaged in construction machinery rental business with the trade name “F” (hereinafter “instant lease agreement”) stipulated that the amount used for Nonparty Company and PPak 55M (registration number G, 2013) shall be KRW 2,60,000 per day (excluding value-added tax) and leased to the instant construction site (hereinafter “instant lease agreement”).

(2) Article 4(2) of the “General Conditions for Construction Machinery Lease Contract” of the instant lease agreement provides that “The rental fee shall include the amount of the construction machinery supervisor’s wages, the mechanical fee, and the cost of depreciation, the cost of maintenance, and the cost of maintenance.”

C. (1) On February 11, 2015, when Nonparty Company was engaged in the construction of concrete building works for the roof of the above sports hall, Nonparty Company collapseed the 1st floor floor slicking slicking, etc., which was unfolded to the lower end of the concrete, and at the same time, people falling down, etc. at the construction site of this case (hereinafter “instant accident”).

(2) The instant accident occurred. (2) Nonparty H, who was at the construction site of the instant construction site, was injured by Nonparty H, the driver of the instant pumps, due to the burial of concrete further, and was destroyed by hard dumping of cement products located in the pumps of the instant case.

On October 6, 2016, with respect to the instant accident, Nonparty I and Nonparty I, a field agent of the Defendants and a person in charge of safety and health management, are the Seoul Central District Court Decision 2015Kadan5084.