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(영문) 대전지방법원 2017.04.05 2015가단2055

손해배상(산)

Text

1. Defendant E shall start on March 30, 2013 with respect to each of the above amounts of KRW 109,069,901, and KRW 3,00,000 to Plaintiff B, and each of the above amounts.

Reasons

The fact that Defendant E recognized the basis for the liability for compensation for damages arising from the claim against Defendant E was subcontracted to Defendant D’s new construction of F-based F-based Housing (hereinafter “instant construction”) when it is the owner of the building.

Plaintiff

A entered into an employment contract with Defendant E and entered into on March 30, 2013 on the construction site of the instant construction project and attached a stone to the outer wall of the building, while the construction site of the instant construction project was on the prefabricated-type PTAF (one-person PTAF) and was in the operation of attaching a stone to the outer wall of the building, the construction site of the instant construction site suffered injury, such as an external blood transfusion and a scarkele, etc., by falling over the string and falling

(hereinafter “instant accident”). Plaintiff B is an infant of Plaintiff A.

[Grounds for recognition] According to the above facts of recognition of confession, Defendant E, as an employer of Plaintiff A, has an obligation to maintain a physical environment so that it does not go beyond the limits of vision, and to take necessary measures such as safety devices, but has neglected this obligation.

Therefore, Defendant E is liable to compensate for the damages suffered by the plaintiffs due to the above negligence.

The limitation of liability lies in the Plaintiff A’s failure to pay due attention to safety, such as wearing safety equipment and checking whether the system is firmly installed in performing the above work. However, the Plaintiff A’s negligence is deemed to have caused the occurrence and expansion of damage caused by the instant accident.

In consideration of all the circumstances, the negligence of the plaintiff A shall be deemed 30% and the responsibility of the defendant E shall be limited to 70%.

The fact that Plaintiff A was recognized as lost income of Plaintiff A within the scope of compensation for damages ① Gender: Male, ② Date of birth: G: < Amended by Presidential Decree No. 2503, Jul. 2, 2030; Presidential Decree No. 2568, Nov. 30, 2014; Presidential Decree No. 2590, Nov. 1, 2014; Presidential Decree No. 25847, Dec. 31, 2014; Presidential Decree No. 26748, Nov. 1, 2015; Presidential Decree No. 2670, Aug. 31, 2015>