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(영문) 울산지방법원 2016.11.18 2015가단13170
손해배상(자)
Text

1. The Defendants jointly share KRW 24,401,786, Plaintiff B, C, D, E, and F, respectively, and the aforementioned KRW 15,467,857.

Reasons

1. Basic facts

A. The deceased H (hereinafter “the deceased”) was employed by Defendant G, and was engaged in the construction work for steel structure contact at the site of the Third Deputy Construction Work site in Ulsan-gun I, Ulsan-gun.

B. On the steel structure at a height of about 6 meters installed at the above new construction site, the Deceased was engaged in the work of connecting the sn beam beam, which is driven by the J (hereinafter “instant snick”) with the said steel structure.

C. At around 10:40 on April 12, 2015, the above J: (a) controlled a scke and scke beamed with steel scke beamed, and transported the scke beam to the head of the deceased, and then, (b) obstructed the scke beam’s body back back to the Deceased, and accordingly, the Deceased fell on the bottom below approximately 6 meters.

(hereinafter “instant accident”). D.

The Deceased sent back to a M Hospital in Ulsan-gu L due to the instant accident, but died due to severe cerebral injury around 13:05 on the same day.

E. After the instant accident, Defendant G and the saidJ were prosecuted for the violation of the Occupational Safety and Health Act, the crime of occupational injury resulting in death, etc., and on January 14, 2016, Defendant G was sentenced to imprisonment for eight months with prison labor for Defendant G and six months for the saidJ was sentenced to imprisonment with prison labor for the Ulsan District Court 2015Mo2302, and on May 26, 2016, Defendant G and the saidJ were sentenced to suspension of the execution of the said punishment for two years.

F. The Plaintiff A is the deceased’s wife, and the Plaintiff B, C, D, E, and F are the deceased’s offsprings, and the Defendant’s National Freight Trucking Association (hereinafter “Defendant Company”) is the mutual aid business entity that entered into a car mutual aid agreement with respect to the instant cranes.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 14 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of and restrictions on liability for damages;

(a) The business owner shall remove objects; and

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