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(영문) 서울중앙지방법원 2016.10.28 2016가단5022069
손해배상(산)
Text

1. The Defendants jointly share KRW 27,142,857, KRW 16,428,57, and KRW 16,428,571 for each of the Plaintiff B and C, and the said amount.

Reasons

1. Occurrence of liability for damages;

A. The fact of recognition (1) New Airport Co., Ltd. (hereinafter “New Airport Co., Ltd.”) was a juristic person established for the purpose of steel public business, etc., and subcontracted the steel construction among the new construction works of “E building” in Gangnam-gu Seoul Metropolitan Government “E building” in Gangnam-gu, from the Defendant Trust and Construction Co., Ltd. (hereinafter “Defendant Trust and Construction”) to the period from February 6, 2015 to November 30.

(2) During the process of horizontal adjustment of steel structure in the construction site, F (hereinafter referred to as “the deceased”) employed by the Defendant New Froman, separated the wire-frames from the wire-frames for moving the steel structure in the construction site, and carried out horizontal operations on the lower part of the steel-frame structure that plays a role of viewing the wire-frame and the pipe pipeline, and the steel-frame structures that fall short of the steel-frame structure where the center weight of the pipeline was shaken, and died due to serious brain damage, etc. around 11:37 on the same day by falling from 14th to 13th floor of the deceased.

(3) On January 14, 2016, a summary order of KRW 3,00,00 was issued by the court for summary order of KRW 2015 high-ranking 28306,00 on the grounds that the instant accident was a crime of violation of the Occupational Safety and Health Act due to the instant accident, and the comprehensive construction of Defendant trust was a summary indictment, and the said order became final and conclusive around that time. The Defendant’s New Airport was finally prosecuted, and was convicted of KRW 7,00,000 on July 20, 2016 by this Court for a fine of KRW 2015 high-ranking 8292, which became final and conclusive around that time.

(4) The Plaintiff A’s wife, PlaintiffB, and C are the deceased’s children.

[Ground of recognition] Facts without dispute, Gap 1 through 8, 12 through 16 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. (1) According to the above facts of recognition, the Defendants, who did not take safety measures and caused the instant accident, jointly caused the Plaintiffs, who were the deceased and their successors.

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