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(영문) 광주지방법원 2016.10.26 2016가단505559

손해배상(산)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts that no dispute exists;

A. On December 24, 2015, at around 16:40, the Plaintiff was involved in an accident where the stock farms were caused by the Defendant’s work at the Defendant’s DKafin new building located in Gwangju Northern-gu, and the stock farms were caused by the first balance to 4 balance to the left-hand hand.

B. In the above accident, the Plaintiff suffered injury from the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral

2. Determination

A. The plaintiff alleged that the defendant, as the plaintiff's employer, was responsible for the management and supervision of the above construction work, should have thoroughly conducted the safety education and safety management so that the accident does not occur within the workplace of this case. The accident of this case occurred due to the failure to take safety measures, which are to pay dangerous stock bars, although the work using the previous construction work site was to prepare a safe wall, and the defendant is liable for all damages suffered by the plaintiff due to the accident of this case.

As a contractor, the defendant asserts that the plaintiff did not work as the contractor.

B. 1) In the case of a contract, in principle, a contractor does not have a duty to take safety measures necessary for the prevention of accidents in relation to the contractor's work, but a contractor has a duty to take safety measures necessary for the prevention of accidents in the instant case where there are special circumstances such as the contractor's specific duty to manage and supervise the contractor's work, or the contractor specifically instructed and supervised the contractor's work or individual work (see, e.g., Supreme Court Decision 95Do2263, Jan. 26, 1996).