손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 15, 2012, at around 07:00, the Plaintiff A suffered injury, such as the collisioned softs, the left-hand shouldered by the Defendant, in order to install an oil storage tank at the site of the G oil station construction work in the Asan City F, the owner of the building (hereinafter “instant new construction work”).
(hereinafter “instant accident”). B.
Plaintiff
A recognized as an industrial accident, A was paid KRW 17,414,80 as temporary disability compensation benefits, and KRW 20,644,460 as medical care benefits, and KRW 26,017,20 as disability benefits.
C. Plaintiff B’s denial, Plaintiff C, D, and E are children of Plaintiff A.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings
2. Summary of the parties' arguments
A. As the owner of the instant construction project, the Plaintiff, as the owner of the instant construction project, had the Plaintiff employed and had the Plaintiff work for steel bars. However, even if not, the Plaintiff constitutes the Plaintiff’s employer, who is obligated to take industrial accident preventive measures pursuant to Article 29(1)2 of the Occupational Safety and Health Act and Article 26(2) of the Enforcement Decree of the same Act, or who was responsible for the overall construction of the instant new construction project through a general manager H who served as the field manager
Nevertheless, the Defendant was negligent in failing to perform its duty of care, such as providing sufficient physical facilities, so that the Plaintiff A, an employee, can work safely at a place at a risk of fall, and the instant accident occurred due to the said negligence by the Defendant.
Therefore, the defendant should pay 30,809,576 won to the plaintiff who suffered from the accident of this case (i.e., daily profit of KRW 18,549,080, KRW 260, KRW 496, KRW 10,000,000), KRW 5 million to the plaintiff Eul (i.e., solatium), KRW 3 million to the plaintiff C, D, and E, respectively.
B. The Defendant A’s construction of steel and concrete works among the new construction works of this case from the Defendant.