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(영문) 인천지방법원 2018.10.16 2017가합51647
손해배상(기)
Text

1. The Defendants are 122,497,682 won to each Plaintiff and 5% per annum from October 28, 2016 to October 16, 2018.

Reasons

1. Basic facts

A. On April 26, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) awarded a contract for parking facility works (hereinafter “instant parking facility works”) among the aforementioned new construction works to Defendant C Co., Ltd. (hereinafter “Defendant C”) as the contractor of the construction of the main building (hereinafter “instant building”). around October 2016, Defendant C awarded a contract for the installation of mechanical parking frame and mechanical equipment (hereinafter “instant construction”) among the instant parking facility works to the Plaintiff, who operates an elevator installation business in the name of “E” (hereinafter “instant construction”). On October 2016, Defendant C awarded a contract for the installation of mechanical parking frame and mechanical equipment (hereinafter “instant construction”).

B. In order to install a difficult studs to be used for the instant construction, the Plaintiff buried 4 holess on the floor of the 11st floor of the instant building under construction and fixing a studs to be used for the hole.

C. At around 13:00 on October 28, 2016, F, the Working Group leader of Defendant B, directed G, a daily worker, to conduct the floor cleaning in order to ensure the equilibrium of the string of the string of the string of the floor on the floor of the instant building. G, while cleaning the floor at around 13:00 on the floor, cut three of the 11st floor of the 11st floor of the building into the string of the 4 string of the string of the strings.

As a result, there was an accident that approximately 300 km away from the 3m above ground level to the Plaintiff who was working below.

(hereinafter “instant accident”). D.

The Plaintiff suffered injuries, such as knee and spine fele, due to the instant accident.

[Ground of recognition] Facts without dispute, Gap's entry in Gap's 1 through 4, 6, 7, 17, 21 evidence (if there are provisional numbers, including all kinds of numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the Plaintiff’s assertion 1 is due to the instant tort committed by H, F, and G, an employee of Defendant B.

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