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(영문) 서울서부지방법원 2016.12.08 2014가합2969

손해배상

Text

1. Defendant G:

A. As to the Plaintiff A’s KRW 45,457,950 and KRW 20,000 among them, from April 8, 2011 to December 8, 2016.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 3, and 4 together with the whole purport of the pleadings.

Around March 10, 2011, Defendant G agreed with Non-Party G to undertake the instant construction work, i.e., the opening of the entrance doors of the GI farm (hereinafter “instant warehouse”) located in the JJ of Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant construction work”), and (ii) employment of the network K (hereinafter “the network”), Plaintiff E, and F.

B. At the time, however, the warehouse of this case had been kept 20 boxes of combustion, oxygen, gas pipes, etc., which were used as a propelling body of coal.

C. On April 8, 201, the Deceased, Plaintiff E, and F performed the instant construction work, and explosion and fire occurred in the direction of combustion-free drugs kept in the storage of the instant warehouse.

(hereinafter “instant accident”). D.

As a result, the Deceased died by using 74% of chlodrat image on June 4, 201, inhaled image, etc., and by smelting image, etc., Plaintiff E entered the face, hump, and 2 degrees of eromatic image on both sides, and Plaintiff F suffered 37% of chlodrat image, eromatic 2 degrees, and 3 degrees image.

E. In relation to the instant accident, Defendant G was prosecuted for the crime of occupational death and injury caused by occupational negligence, and on April 26, 2013, the Daejeon District Court rendered a judgment of conviction for one year (the first court 201Sang185) of imprisonment without prison labor for the crime that caused the death of the deceased and caused the injury to Plaintiff E and F by neglecting his duty of care to check dangerous substances such as inflammable drugs at the construction site of the instant case and by moving them to prevent explosion and fire, etc., and the said judgment became final and conclusive on September 23, 2013 following the appeal.

F. The Plaintiff A is the deceased’s wife, and the Plaintiff B, C, and D are the deceased’s offspring, and the Defendant H is the Defendant.