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1. The part of Plaintiff A’s claim for physical assessment costs of KRW 1,614,420 shall be dismissed.
2. The defendant is against the plaintiff A.
Reasons
1. Occurrence of liability for damages;
A. Facts of recognition 1) The Defendant is Seo-gu Incheon D D D D D D Corporation (hereinafter “instant construction”).
F is the contractor of the instant construction site. F is an employee affiliated with the Defendant, who is G in the instant construction site, and H is an employee affiliated with the Defendant and engaged in the work in charge of safety in the instant construction site. F and H are those engaged in the work in charge of safety in the prevention of facilities and disasters in the instant construction site. (ii) At around 08:35, Sept. 16, 2013, during the construction-prohibited period (0:0 to 09:0), F and H opened a single-lane trial among the two-lanes at the instant construction site, and installed a simple container in the short section without installing a single-lane reduction or a fall guide sign and a single-lane-prohibited-free pen.
A around that time, Plaintiff A changed the two-lanes of the above road into the first way to overtake the previous vehicle in order to overtake the vehicle, which was going on going on from the front side of the two-lanes of the two-lanes of the above road, immediately after the change into the first way, the said two-lanes of the two-lanes of the road, but was found late after the opening of the above-lanes trial, but did not avoid any contact,
(3) In relation to the instant accident, Plaintiff A suffered from injury, such as damage to breast ties, which requires surgery and treatment of at least 16 weeks of hospitalization due to the instant accident (hereinafter “instant accident”). In relation to the instant accident, F and H were sentenced to a fine of KRW 4 million on October 23, 2014 as a crime of occupational injury (Seoul District Court Decision 2014No2613), and the said judgment became final and conclusive on October 31, 2014.
5) On the other hand, Plaintiff B and C are the parents of Plaintiff A. [based on recognition] The absence of dispute, Gap evidence Nos. 1 through 7 (if any, including numbers, Eul evidence Nos. 5-6, Eul evidence Nos. 10, video, and the purport of the whole pleadings.
B. According to the above facts of recognition of liability, Defendant F is a G of the instant construction project, and Defendant H is prohibited from construction as the I of the instant construction project.