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(영문) 서울중앙지방법원 2017.07.06 2015가합548092

손해배상(기)

Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 92,719,559, Plaintiff B, C, and D, respectively, and each of the said amounts.

Reasons

Basic Facts

Defendant Republic of Korea (the Busan District Office) contracted H national highway construction works, which newly expands G from the Busan District captain E to the Ulsan District, to the Fri-gun of Ulsan District, to Defendant Port Construction Co., Ltd. (hereinafter “Slun Construction”). Defendant Barun Construction subcontracted part of the above construction works to Defendant Dolwon Development Co., Ltd. (hereinafter “Slun Development”).

Defendant friendly Development opened a bypass road on the existing Lway leading from J Village to K Industrial Complex to implement I roads among the above construction sections, and opened the existing roads on October 30, 2014.

On April 25, 2015, the network M (hereinafter “the network”) driven a car at around 04:00 and is proceeding with the K Industrial Complex L from J Village to the K Industrial Complex Protection Area. On the construction site of the instant national highway, the L was driven by driving the said car without gathering the fact that part of L was cut off, while driving the said car at the construction site of the instant national highway, and died on the spot due to chest damage, etc. by falling down the 11m of the car installed at the end of the cut L road.

Plaintiff

A’s wife, Plaintiff B, C, and D are the deceased’s children.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 4, 5 through 8, and 14, and the purport of the entire pleadings, the occurrence of the liability for damages, as a whole, is the construction of defendant Barun, and the liability for damages by the above Defendants 1 as a result of the construction of the national road of this case, the defendant Barun Construction and the subcontractor, as well as the person in charge of safety management, who is the subcontractor, are obliged to take safety measures to prevent the entry of vehicles into the direction of saving the existing roads.

However, the following circumstances, i.e., N andO, each of the following circumstances, which are acknowledged by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 5 through 9, 14 through 16, and Eul evidence No. 1, are held concurrently by the head of the Silver Construction and the head of the Silwon Development site.