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(영문) 부산지방법원 2014.01.09 2012가단27816

손해배상(산)

Text

1. The Defendant’s KRW 19,454,025 to the Plaintiff and KRW 5% per annum from April 14, 201 to January 9, 2014.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff is an employee belonging to the defendant, and the defendant is the defendant's construction of a new living facility in Busan Metropolitan City from the non-party Dongyang Construction Co., Ltd. (hereinafter "the construction of this case").

(2) On April 14, 201, the Plaintiff was awarded a contract for part of the instant construction site, and the Plaintiff was in the course of the instant construction site on the pipe plate installed on the side of the building outer wall in order to carry out the steel cover work (in order to protect the adjacent area of the steel and to increase the installation capacity, concrete was covered in the steel), and the said pipe was cut off, and the said pipe was crashed below 1.5 meters (hereinafter “instant accident”). As a result, the Plaintiff sustained injury, such as the upper left shoulder-hand locker (hereinafter “the instant injury”).

3) The Defendant did not confirm to the Plaintiff whether the pipe was safely installed while ordering the Plaintiff to cover the steel bars. [Grounds for recognition] The Defendant did not dispute the Plaintiff, Gap evidence Nos. 1, 2, 3, 4, and 7 (which include the branch number, hereinafter the same shall apply)

each entry or video, the whole purport of the pleading;

B. According to the above facts of recognition, the defendant is an employer who has entered into an employment contract with the plaintiff and bears the duty of safety consideration for the plaintiff. Thus, a solid shot board should be installed so that the plaintiff can safely work, and even if the plaintiff is obligated to confirm the safety of the shot board already installed before ordering the above work, it can be found that the plaintiff neglected to do so. Thus, the defendant is liable to compensate for the damage, etc. caused by the accident

I would like to say.

C. Whether liability is limited or not, however, according to the aforementioned evidence, the Plaintiff neglected the duty to protect himself/herself from the crash risk by confirming whether the Plaintiff was firmly installed in advance while performing the above work.