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(영문) 대전지방법원 2015.09.16 2013가단40497

손해배상(산)

Text

1. The Defendants jointly share KRW 2,500,000 with respect to the Plaintiff and the period from May 27, 201 to September 16, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Defendant KN Construction Co., Ltd. (hereinafter “Defendant KND Construction”) subcontracted the steel frame construction among the Environment Improvement Works for the New Carbon-Based Factory Products (hereinafter “instant construction”) to Defendant ABD Co., Ltd. (hereinafter “Defendant AB”), and the Plaintiff entered into a labor contract with the current limited company that received a subcontract for steel frame installation works from Defendant ABD structure, and worked as a non-public map at the instant construction site from May 1, 201 to May 1, 201.

(2) On May 27, 2011, the Plaintiff, at the construction site of this case, engaged in a sn beam beam line for the installation of a rooftop steel pole. While the work is underway, the Hn beamline, which was faced with a sn beam, was shaking the wind, and the Plaintiff fell under 5.5 meters below the sn beamline, and sustained injury, such as the sn beam for the right-hand snife and the snife of the back beam.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 2, 3, and Eul evidence No. 1, and the purport of the whole pleadings.

B. The Defendants recognized liability as a contractor pursuant to Article 29(1) of the Industrial Safety and Health Act, and caused the Plaintiff to undergo the instant accident due to negligence in failing to take safety measures, such as improving physical environments and taking necessary measures so that the Plaintiff’s work at the construction site of this case does not harm life and physical health, and installing the fall prevention facilities in accordance with the Rules on Industrial Safety and Health, and the Rules on Industrial Safety and Health.

Therefore, the Defendants are jointly and severally liable for damages incurred by the Plaintiff due to the instant accident.

C. The limitation of liability should have been done with due care to promote the safety of the Plaintiff.