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(영문) 울산지방법원 2015.05.06 2014가단24562
손해배상(산)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. Defendant Hyundai Industrial Development Co., Ltd. (hereinafter “former Industries”) was awarded a contract for the construction of the headquarters with the Nonparty Dongdong Korea Development Co., Ltd., and subcontracted the construction of the headquarters to Nonparty 2 on October 2, 2012 at KRW 5,423,61,912 (hereinafter “instant construction”).

B. On February 23, 2013, at around 08:50, the Plaintiff suffered injury, such as cutting down the upper pelle, etc., by getting off or getting off the strings and the bottom connected to the ceiling and the bottom, while getting off the strings in order to perform strawing work at the 1st floor mechanical room underground below the site of the instant construction site.

(hereinafter referred to as the "accident of this case") / [the grounds for recognition] of the absence of dispute, entry of Eul evidence 1, and the whole purport of oral argument

2. Determination as to the cause of action

A. The parties’ assertion is Defendant Sayang Industry Development Co., Ltd. (hereinafter referred to as “Sayang Industry”).

The Plaintiff is the employer, and the Defendant Hyundai Industries is the actual employer of the Defendant Cyyang Industry, such as giving the instant construction contract to the Defendant Cyyang Industry, and giving specific direction and supervision to the instant construction work.

The construction site of this case asserts that the defendants are liable to jointly compensate for the damages suffered by the accident of this case, since the safety appearance and safety level are paid to the workmen, the safety net is neglected despite the absence of safety consideration, such as the installation of safety net at a place where the danger of falling is anticipated, or the accident of this case occurred due to defects in the installation and preservation of a bridge, safety net, etc.

As to this, the defendant Sayang industry is only the plaintiff's employer of the non-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party-party's subcontract for the construction of this case.

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