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(영문) 서울중앙지방법원 2015.03.06 2011가단348679

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion was a worker who had worked as an melting hole to Lee Metal Co., Ltd. from May 20, 2005, and on November 8, 2007, the plaintiff felled in the third floor of the construction site of the Model Staff in Mapo-gu Seoul, Mapo-gu, Seoul, and suffered an accident.

However, the defendant, as a company that subcontracted construction works to the Lee Metal Co., Ltd., has neglected its duty of safety consideration as an employer, and further, there is an error in its negligence despite its duty of safety supervision in the above field.

Therefore, the defendant is liable to compensate the plaintiff for the damages caused by the accident caused by the defendant's negligence.

2. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant is an employer against the Plaintiff, and there is no other evidence to acknowledge this otherwise.

In addition, the plaintiff only claims the fact that he was involved in the accident, and does not have any obligation to the defendant who subcontracted the construction work, and does not specifically assert and prove any negligence.

Ultimately, the evidence of this case alone is insufficient to recognize the fact that the plaintiff's above ground for claim, and it is difficult to accept all the plaintiff's assertion since no other evidence exists.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.