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(영문) 수원지방법원 2021.02.05 2019나91602
손해배상(산)
Text

The judgment of the first instance court, including a claim expanded and reduced in the trial, shall be amended as follows:

A. Defendant C and D.

Reasons

1. Facts of recognition;

A. Defendant D is a person who operates a restaurant with the trade name of “I” in the 1st underground and the 2nd ground in Suwon-si E (hereinafter “instant building”).

As a building company, Defendant C is a relative relationship with Defendant D, and Defendant B is a person who is a shop building company and employs Plaintiff as a worker for daily work.

B. Defendant D planned the instant building remodeling construction work (hereinafter “instant construction work”) equivalent to KRW 80,000,000 for the cost of construction around June 2016, and the construction work requires partial supply of labor to reduce the construction cost, as the owner of the building, shall be directly employed by the owner, and part of the construction work shall be executed by the contract, and supervision at the construction site shall be entrusted to Defendant C.

(c)

The underground floor height of the instant building is about 3 meters, and around 6 meters wide and about 0.8 meters wide (hereinafter “the opening of the instant building”) was located in the ceiling of the underground floor, but was covered by iron plates at the time of the instant construction work, and water purifiers installed on the first floor was located adjacent to the opening of the instant building.

(d)

On June 20, 2016, Defendant D contracted to Defendant B the construction of the windows of the first and second floors of the instant building and the installation of the first and second floors of the building outside the building in an amount equivalent to KRW 19 million. On June 21, 2016, Defendant D ordered F, a removal business entity, to dismantle part of the walls of the second floor for the installation of windows and to supply labor for the expansion of the opening of the instant openings of the building.

E. On June 22, 2016, Defendant C directed F to extend the width of the opening of the instant construction site by approximately 0.2 meters. On the same day, Defendant C received a report from F on the completion of the said expansion from around 10:00, and directly inspected its status.

F. On June 22, 2016, at around 14:00, the Plaintiff, along with Defendant B, was opened to the water purifier of the first floor of the instant building for drinking water while carrying out construction works for a rain stacker installed outside of the instant building.

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