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(영문) 대구지방법원 상주지원 2018.02.07 2016가단2320
손해배상(산)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 26, 2014, at around 09:00, the Plaintiff fells into the floor among the replacement work for the roof of the wells owned by Defendant B (hereinafter “instant work”) and suffered bodily injury, such as the disposal chests, crym crym frys, and frys, etc.

(hereinafter “instant accident”). (b)

Defendant C is a person who helps Defendant B and carried out the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendants’ non-performance liability of the Defendants (A) neglected the duty of care to devise safety devices in preparation for the case of fall prevention or fall, and caused the Plaintiff to be subject to the instant accident. The Defendants are liable for damages due to non-performance of the duty of safety consideration.

B) The Defendants’ tort liability, in the event that the Plaintiff instructs the Plaintiff to take safety devices in preparation for the case of fall prevention or fall on the roof, and neglected to take such safety measures and to take effect safety education, and thus caused the Plaintiff to be subject to the instant accident. The Defendants are liable for damages arising from general tort. Defendant B, as an employer to Defendant C, bears the employer’s liability for general tort. (2) The Defendants are not Defendant C but not Defendant B, and the Plaintiff and Defendant B were not in an employment relationship with the Plaintiff, and Defendant B did not have ordered the Plaintiff to take part in the instant work. (b) Defendant C, like the Plaintiff, was merely a person who performed the instant work on a daily basis and performed the instant work.

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