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(영문) 수원지방법원 2016.11.01 2015가단102114

손해배상(기)

Text

1. Defendant Multi-Party Co., Ltd.: KRW 17,348,112 for the Plaintiff and its related thereto from July 14, 2014 to November 1, 2016.

Reasons

1. Basic facts

A. Defendant Youngdo Construction Industry Co., Ltd. (hereinafter “Defendant Youngdo Construction Industry”) contracted the construction of facilities for purifying water quality of the reservoir in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and subcontracted the structure and other construction work (hereinafter “instant construction work”) to the Defendant Daol Construction Co., Ltd. (hereinafter “Defendant Daol Construction”).

B. On July 14, 2014, around 14:00, the Plaintiff passed through the construction site of the instant case while getting a bicycle from and moving a bicycle in the Seocho-gu reservoir, and there was an accident resulting in the Defendant Daol’s employees, which is likely to suffer from the danger that they installed in order to block the passage of pedestrians (hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff suffered injury to the frameworks of the mouths of the right upper pelvisa, which requires a stability and transitional observation for eight weeks, and was hospitalized in the Korea Forest University East Asian Hospital from July 14, 2014 to August 14, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-3, Eul evidence 6, the purport of the whole pleadings

2. Determination as to the claim against Defendant Diversa

A. The following circumstances are revealed by comprehensively taking account of each evidence and evidence set forth in subparagraph 3, evidence No. 1, evidence No. 5, and evidence No. 5-1, and the overall purport of each film and pleading set forth in subparagraphs B and B, which are, the Plaintiff: (a) the Plaintiff was entering the instant accident site in the course of the installation work prior to the installation of the safety net identification mark; (b) in such a case, the employees of the Defendant Daol Group should have prevented the occurrence of the accident by preventing people from approaching the installation site of the safety net prior to the completion of the installation of the safety net; and (c) the employees of the Defendant Daol Group from accessing the bicycle at the site of the instant construction site.