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(영문) 인천지방법원부천지원 2020.10.14 2019가단26689
손해배상(산)
Text

1. Defendant B and C jointly share KRW 132,356,091 with respect to the Plaintiff and the Plaintiff’s years from June 23, 2016 to October 14, 2020.

Reasons

On June 7, 2016, Defendant B entered into a construction contract with Defendant C to contract all of the instant molding construction work with the owner of the building of the Jung-gu E shop Housing Construction Corporation (hereinafter “instant construction”) in Jung-gu, Incheon, and to contract the construction work cost of KRW 88 million with Defendant C.

On June 23, 2016, the Plaintiff was employed by Defendant C for a molding hole, and worked for the first time at the construction site of this case. around 08:00, the Plaintiff suffered injury, such as hump pressure dumping, etc., due to the fall of the floor from among the two columns located at the height of 3 meters set up between the two columns installed in the building at the site of the instant construction.

(hereinafter “instant accident”). The Plaintiff was recognized as the period of medical care from June 23, 2016 to January 5, 2018 by the Korea Workers’ Compensation and Welfare Service (373 days of hospitalization, 168 days), and was paid KRW 40,109,950 of medical care benefits, 50,303,810 of temporary layoff benefits, and 40,55,610 of disability benefits.

[Reasons for Recognition] In the absence of dispute, Gap 2, Eul's evidence Nos. 4, Eul's evidence Nos. 1, defendant B's liability for damages arising out of the whole oral argument, and where the contractor reserved specific direction and supervision right on the progress and method of the work of the contractor, the relationship between the contractor and the contractor does not substantially differ from the relationship between the employer and the employee, so the contractor cannot be exempted from the employer's liability for damages arising out of the illegal acts of a third party under Article 756 of the Civil Act.

On the other hand, the direction and supervision of the contractor, which is the basis for the recognition of employers and employees, refers to the management of the contractor by directly ordering, supervising, supervising, and encouraging the operation and execution of specific construction works at the site in the case of construction works, and simply confirming whether the degree of the operation and execution of construction works is being implemented in accordance with the design plan or specifications.

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