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(영문) 인천지방법원 2020.07.07 2019가합63507
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 10, 2014, Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff”) contracted with D (hereinafter referred to as “D”) for the installation of steel, steel frame, and board parts of the production plant extension works of the pertinent company located in Chungcheong-gun E (hereinafter referred to as “instant construction works”), and FF Co., Ltd (hereinafter referred to as “F”) was awarded a contract with D for the installation of electric wires during the said extension works.

B. During the instant construction, the Plaintiff Company purchased Chump lamps (the part connecting Chumumumum and the balpump panel, a roof structure; hereinafter “instant part”) from the Defendant C and used it for the instant construction. The instant part was imported by Defendant B Co., Ltd. (hereinafter “Defendant Company”) to sell it to Defendant C through G.

C. At around 14:50 on May 13, 2015, H and F employees belonging to the Plaintiff Company, H, and J, around 14:50 on the top of the third floor Belgium warehouse site in the instant construction site, caused the collapse of the 3rd floor of the instant construction site, thereby falling down to the lower floor below about 7 meters (hereinafter “instant accident”). The instant accident suffered injury, such as minculation in the left-hand pelle, mincation in the upper left-hand pelle, and mincation outside the right-hand lap, etc.

Defendant

A Co., Ltd. is a corporation established for the purpose of building construction business, etc. in the Seo-gu Incheon L Building and M, and Defendant K is the site manager and the general manager of safety management of the “(main)D Manufacturing Factory Extension Project” performed by Defendant A Co., Ltd.

1. Defendant K Co., Ltd.: (a) around 14:00 on May 13, 2015, the part of the DNA production plant extension works in Chungcheongnam-gun, Chungcheongbuk-gun, was contracted to perform the construction works.

In the light of the characteristics of the work, the construction works may collapse at any time when parts supporting the ceiling are unable to check the load of workers.

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