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(영문) 대전지방법원홍성지원 2019.02.20 2017가단5679
손해배상(기)
Text

1. Defendant C: (a) KRW 5,456,809; (b) KRW 5,691,687; and (c) KRW 5,691,687 to Plaintiff B; and (b) from August 25, 2017 to August 2019.

Reasons

1. Basic facts

A. Plaintiff B, as the owner of Hongsung-gun Etel business building F and G, was operating a licensed real estate agent office in the above F from around 2009, and Plaintiff A leased the above G and operated a car page with the trade name “H” from September 2016, and Defendant D is the owner of Hongsung-gun Etel business building I.

B. Defendant D entrusted Defendant C with interior works (a total construction cost of KRW 33 million, period from April 20, 2017 to May 6, 2017) with the trade name “K” to leave and operate coffee stores to her scam in the above I, and Defendant C began performing interior works from April 20, 2017.

C. Defendant C subcontracted to L with the work of removing the entrance frame during the interior works, setting the entrance frame with iron plates, and installing the reinforcement glass, and the work of re-installation the steel frame of entrance doors. L, along with Defendant C’s employees M, was performing the work of re-installationing the entrance frame in front of the said I shop on April 28, 2017.

Defendant C was given instructions to L and M by carrying out the work at the work site on the same day, while doing the construction work at the p.m., and left the site to go back to hospital.

L, M, and Defendant C, while carrying out the above work around 16:51 on April 28, 2017, while managing the work site, shall give necessary instructions and supervision to workers to observe the fire prevention regulations. The technician installing steel frame has a duty of care to prevent the occurrence of fire by taking appropriate measures, such as removing combustible substances in the vicinity or preventing the spuging of inflammable substances, in the event of the use of an electric sprinker and sprinker, etc. in which the fire occurs, M and Defendant C neglected to do so. Defendant C leaves the site without taking safety measures or work instructions necessary to prevent fire, and L and M leave the site without taking necessary measures or work instructions.

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