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(영문) 부산지방법원 2016.01.28 2014가단78085

손해배상(산)

Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The Defendants each of the Plaintiff B shall be KRW 2,00,000, and KRW 2,000,000 to the Plaintiff C, respectively.

Reasons

1. Whether liability for damages arises;

A. 1) On June 27, 2013, Plaintiff A suffered an injury, such as a brushing, etc., on the wind that falls from a bridge during the construction site of the second class neighborhood facilities with the first floor above 790 square meters of the F site in Gangseo-gu Busan Metropolitan City, and the second class neighborhood facilities with the second class neighborhood facilities with two buildings (hereinafter “instant accident”).

2) Defendant E awarded a contract to Defendant D to the owner of the above construction work, and Defendant D awarded a subcontract to G in the entire construction work.

G re-subcontracted the part of the panel construction work to H, and H re-subcontracted it to I, but the Plaintiff was the only part for daily use employed by I.

On the other hand, G has placed J as the site manager and has been managing the above construction site.

3) The mother of the Plaintiff A, the Plaintiff C, and the Plaintiff’s children. [The fact that there is no dispute over the grounds for recognition, the entries and images of the evidence Nos. 1 through 10, and No. 2, the witness G’s testimony, and the purport of the entire pleadings.]

B. The Defendant of the Plaintiff 1’s claim as to the occurrence of the liability for damages, and the Plaintiff’s claim was made with the Plaintiff, and thus, the Plaintiff’s claim in this case was unlawful.

According to the statements in Gap's evidence Nos. 2, 3, and 4, and Eul evidence Nos. 1 and witness G's testimony, it is confirmed that not only the defendants but also G who received a blanket subcontract, H or Plaintiff A did not subscribe to the industrial accident insurance at the time of the occurrence of the instant accident after the occurrence of the instant accident. As the Plaintiff's injury was serious after the instant accident occurred, Defendant D consulted to subscribe to the industrial accident insurance, and that J employed by G as the head of the site office at the site office around July 2013, 2013 that the industrial accident management that the plaintiff was paid by the Labor Welfare Corporation (compensation) is completed, it is confirmed that any person related to the said construction work, such as the work owner, contractor, etc., does not raise any civil or criminal objection.

The plaintiff was signed on the letter of confirmation that "," and thereafter.