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(영문) 수원지방법원여주지원 2019.04.17 2017가단51094
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The F Co., Ltd. was awarded a contract for the construction of electric source housing located in Gyeonggi-gun G (hereinafter “instant construction”) and subcontracted the construction of the instant construction to H during the instant construction to H.

H supplied the site in favor of J through I Company, and the direct construction was sub-subcontracted to K.

B. L, an individual small cargo business operator, transported glass at the construction site of this case on January 25, 2017.

M, an employee of K, was engaged in loading and unloading of the above glass on the cargo vehicle using the Crain labeling. While the cargo vehicle was parked on the slope, M, a staff member of K, had both cancelled all strings and strings attached to the press and strings without any safety devices or personnel control, and applied the glass completely while trying to string off the n and strings in order to display the Crain labelling on the glass, and had the aforementioned loading and unloading work covered the L's telegraph, which had been observed at the front of the loading and unloading work.

(hereinafter referred to as “instant accident”). L died with the respiratory part and the heart due to the climatic damage and alley damage on January 25, 2017.

C. M was sentenced to imprisonment without prison labor for 6 months and one year of suspended execution for occupational negligence in the branch court of Suwon District Court on January 23, 2018, and the above judgment became final and conclusive on January 31, 2018.

Plaintiff

A's spouse, plaintiffs B and C are L's children.

At the time of the instant accident, Defendant D was the head of the construction site of the instant case, and Defendant E was an employee of the I company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7, 10, the purport of the whole pleadings

2. The plaintiffs' assertion that Defendant D, as the site manager of the instant construction, instructed work workers including L to wear safety clothes and safety shoes, or did not conduct safety education, and did not control L to prevent them from entering the glass loading and unloading work radius.

Defendant E is the case.

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