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(영문) 인천지방법원 2015.10.21 2015나54479

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 4, 2011, the Plaintiff and the Defendant concluded a contract for construction works with the contract amount of KRW 50,615,784 and the construction period from May 4, 201 to June 12, 2011 (hereinafter “instant construction contract”).

B. At around 10:00 on June 2, 201, the employees of the Defendant Company stopped A (hereinafter “instant construction vehicle”) on the right side of the side (referring to the string near the side) under the instant construction contract at the business office south of the 2nd Highway (hereinafter “instant business office”) around 10:0, according to the instant construction contract, the employees of the Defendant Company stopped A (hereinafter “instant construction vehicle”) on the side of the side, while displaying boom booms installed on the said vehicle on the side, and doing the coloring operation above.

C. At the time of painting work, the Plaintiff did not close the parts Nos. 1 and 2 of the instant business establishment, and led the Defendant Company’s employees to the other parts of the vehicles passing through by the safety management guidance staff under the Defendant Company.

However, when the workers belonging to the defendant company are running coloring up to the boom 2nd place of business of this case, the employees of the Youngjin Transportation Co., Ltd. (hereinafter referred to as the "cargo of this case") passed through the 1st place of business of this case, while two workers who were on work above the boom boom boom, who suffered injury from the above part of the boom boom boom boom and damaged the boom boom at the place of business (hereinafter referred to as the "accident of this case") by the employees of this case.

E. The Korean Federation of Freight Trucking Services (hereinafter “Federation”) which entered into a mutual aid agreement with the Youngjin Transport Co., Ltd. on the instant cargo vehicle (hereinafter “instant truck”) shall set up electronic displays with payment of medical expenses and agreement to the injured workers.