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(영문) 대전지방법원 2016.07.22 2015가단215592

손해배상(산)

Text

1. The Defendants jointly share KRW 12,00,000 with respect to the Plaintiff and the period from August 23, 2012 to July 22, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) determined construction cost as KRW 8,580,000 and ordered Defendant B to perform the H beam sn beam dismantling construction of the structure of the D office located in Daejeon Jung-gu Daejeon.

(2) Defendant B subcontracted sn beam beam decommissioning work among the above construction work to Defendant E, and paid KRW 6,398,107 in total as construction cost between August 17, 2012 and November 9, 2012 to Defendant E.

(3) On August 23, 2012, the Plaintiff, who was employed as a daily worker at the aforementioned construction site, and was engaged in dismantling the panel, felled against 3 meters high level of shooting on a bridge, and sustained an injury, such as the 4th emission-type frame.

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings.

B. (1) In light of the fact that Defendant B Company paid to Defendant E the amount equivalent to three-fourths of the construction cost contracted to Defendant B as the construction cost, it is recognized that Defendant E was an employer who had employed the Plaintiff to obtain a subcontract for the sn beam dismantling work from Defendant B Company and to perform subcontracted construction work.

Therefore, Defendant E, as an employer of the Plaintiff, had the Plaintiff undergo the instant accident due to negligence in failing to take safety measures, such as installing a work plate to prevent fall, even though the Plaintiff, who is an employee, bears the duty to maintain a physical environment and take necessary measures so as not to harm life and physical health, and neglecting the duty to install the fall prevention facilities pursuant to the Occupational Safety and Health Act and the rules on occupational safety and health standards.

(2) As to Defendant B Company, Defendant B Company is employed by the contractor as the contractor of H beam dismantling work.