손해배상(산)
1. The Defendant: (a) KRW 165,962,218 for the Plaintiff and KRW 5% per annum from March 30, 2014 to January 11, 2017; and (b) the Plaintiff.
1. Facts of recognition;
A. On February 5, 2014, the Defendant entered into a subcontract with D, a corporation whose business purpose is the civil engineering, construction work, etc., and engaged in construction business under the name of “C” (hereinafter “new construction work of this case”) on the ground B of Duyang-gun, Namyang-gun, a corporation, and entered into a subcontract with D as to outer wall drums among the new construction work of this case.
B. On March 30, 2014, the Plaintiff was employed by D as a daily-service construction supervisor, and was subject to an accident falling at a height of 3 meters, while working to remove a safety launch plate installed for the construction of outer wall drum at the site of the instant new construction project (hereinafter “instant accident”).
C. At the time of the instant accident, there was no safety gap or safety watch room for preventing the fall at the Plaintiff’s work site. The Plaintiff did not wear a safety cap at the time of the crash or use a safety belt.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, 6 (including each number; hereinafter the same shall apply), Eul evidence 1 to 5, video, witness E's testimony, the purport of the whole pleadings
2. Occurrence of liability for damages;
(a) as shown in the Attachment of the relevant statutes;
B. 1) In the case of a contract for a related legal doctrine, a contractor does not have a duty to take safety measures necessary for the prevention of accidents in connection with the contractor’s work, in principle, but a contractor has a duty to take safety measures necessary for the prevention of accidents in extenuating 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. The same applies to the former Industrial Safety and Health Act (amended by Act No. 11882, Jun. 12, 2013).
Article 29 (3) shall be applicable to a business owner under paragraph (1).