A. On July 19, 2012, the Plaintiff: (a) was employed by AM branch Construction Co., Ltd. (hereinafter “AM branch construction”) in the construction site of the Seo-gu Incheon Seo-gu Incheon Special Metropolitan City (hereinafter “AM branch construction”); (b) at the same time, was cut off while dismantling elevators after being employed as a sewage supplier of AM branch construction; and (c) was crashed at approximately 2.5m high; and (d) was crashed at approximately KRW 2.5m high, resulting in injury, such as the eververging 1 in an AM branch; and (e) 3-4 conical signboards escape

(hereinafter referred to as the "accident of this case").

The Defendant is an insurer who has entered into a contract for workers’ disaster deduction with the content that the liability for damages to be borne by IMM construction in excess of the amount of accident compensation paid in accordance with the Industrial Accident Compensation Insurance Act if workers at the construction site of IMM and the construction site of the building site of the above B (including sub-contractors) suffer from occupational accidents within the limit of KRW 100 million per person and KRW 200 million per accident.

C. A. A.M. Construction has a duty of care to check and repair facilities, etc. that may harm the safety of workers by fixing a plate for dismantling an elevator, etc., to conduct safety education for workers, and to prevent accidents. The instant accident occurred in violation of the duty of care for the construction of A.M.., and thus, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.

[Ground of recognition] Gap evidence Nos. 1 through 3, 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The Defendant’s liability is limited to 70% of the total damages, considering all circumstances, including the fact that the Plaintiff has a duty of care to check whether the shotout has been fixed, and whether the shotout has been engaged in work at a fixed facility, and to look at its safety.

3. The following facts within the scope of liability for damages do not conflict between the parties.