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(영문) 대구지방법원 2016.03.18 2014가단125791

손해배상(산)

Text

1. Defendant B:

A. As to KRW 22,456,132 and KRW 20,508,035 among the Plaintiff, from July 16, 2015 to March 18, 2016.

Reasons

1. Basic facts

A. On March 2014, Defendant B was awarded a contract for roof construction and steel structure construction related thereto from Nonparty D among the Gohap-gun E-Ground Housing Construction Works in Chungcheongnam-gun, Chungcheongnam-gun.

(hereinafter referred to as the “instant construction”).

B. From April 29, 2014, the Plaintiff, along with Defendant C and Nonparty F, worked as a construction seal at the construction site of the instant construction project. On May 3, 2014, the Plaintiff was at the center of the strong wind while engaging in the work of setting up the tent and roof board using mobile-type non-staltha, and was subjected to an accident falling on the floor above a mobile-type vision (hereinafter referred to as the “accident in this case”). Accordingly, the Plaintiff suffered injury, such as the sloping sloping of the sloping of the sloping and the sloping of the sloping sloping, etc.

C. After the instant accident, the Plaintiff received KRW 6 million from Defendant B as medical expenses, and KRW 9 million as damages from the said D, and the Plaintiff’s successor paid KRW 11,886,320 as a lump sum disability payment to the Plaintiff pursuant to the National Pension Act on April 24, 2015 in relation to the instant accident.

[Reasons for Recognition] Facts without dispute and the purport of whole pleading

2. Assertion and judgment on the assertion

A. As to the existence of liability for damages, the Plaintiff agreed to compensate the Plaintiff for damages caused by the instant accident.

The Defendants seek compensation for the Plaintiff’s damage on the ground that they did not perform their duty of safety consideration under Article 23(3) of the Occupational Safety and Health Act as a business owner who employs the Plaintiff.

In relation to Defendant B, Defendant B recognized that he was awarded a contract for roof work and steel structure work related thereto during the instant construction work and that Defendant B employed the Plaintiff.

Therefore, pursuant to Article 23 (3) of the Industrial Safety and Health Act, Defendant B, as a business owner, is likely to fall, a place where workers might collapse, a place where soil and sand might collapse, an object might fall or fall, and a natural disaster is caused by a natural disaster at the time of work.