손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that Defendant B and C are the owners of the 1st underground floor and the 5th ground-based building located in Jongno-gu Seoul Metropolitan Government E (hereinafter “instant building”); Defendant D is a terrier who built the store facilities of the 1st floor of the instant building.
Defendant D employed the Plaintiff at the above construction site, and requested the Plaintiff to undertake the rooftop waterproof construction of the instant building while obtaining permission from the Plaintiff and the building owner.
Accordingly, for the purpose of waterproof construction, the Plaintiff fell from the fifth floor of the instant building to the rooftop and fell into the floor with a sloping bridge.
Defendant D did not take minimum safety measures for the part of the Plaintiff’s moving for construction in violation of the duty to protect under an employment contract or labor contract, and thus, Defendant B and C are liable for nonperformance of duty or liability. Defendant B and C were to eliminate stairss of the fifth floor of the instant building and set a wooden bridge not fixed on the passage going on the rooftop by illegally transforming the instant building. As the possessor and owner of the instant building, the owner of the instant building is liable for damages due to defective construction or maintenance of the instant building.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 20,000,00,00 as consolation money, as property damages, such as the daily income, king treatment expenses, nursing expenses, etc. incurred by the Plaintiff due to the said accident.
2. Determination
A. The defect in the installation and preservation of a structure as referred to in Article 758(1) of the Civil Act against Defendant B and C refers to a state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety is satisfied, the determination shall be based on whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.