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(영문) 창원지방법원 2020.06.19 2019가단107268
손해배상(산)
Text

1. The Defendant’s KRW 173,386,00,006 for the Plaintiff and KRW 5% per annum from March 3, 2017 to June 19, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”)

A) On March 3, 2017, a person who works for a day-time job belonging to the Plaintiff and works for the removal of slots and ckekes inside the Defendant’s small boiler room located D’s large boiler room located in Jung-gu, Jung-gu, U.S. on March 3, 2017, the Plaintiff’s head was cut off without planting from the Defendant’s head ceiling, and the Plaintiff’s head was shocked by the Plaintiff’s head. The shocked the Plaintiff’s head. The Plaintiff was placed at his center and was placed up to the bottom of the incineration, and thrhd the floor of the light-side incineration, and went through the 45.5% core of the floor at the end of the floor due to incineration, and suffered obstacles, such as the Plaintiff’s core 2 degrees of contact with each other (defluor), tents, tents, and e.g., e., e., e., the instant accident (hereinafter referred to as “instant accident”).

(2) The Defendant was indicted for violating the Occupational Safety and Health Act in relation to the instant accident, and the judgment of conviction became final and conclusive on August 22, 2019 by the Jeonju District Court Decision 2018 Man-Ma152, and Jeonju District Court Decision 2019No1201, Dec. 20, 2019.

B. Based on the basis of liability, although the defendant ordered the non-party company (person in charge of affairs) to divide the cleaning work into the incineration of this case during the waste incineration project, the defendant's regular work was a space where the defendant's employees work at all times, and the non-party company's regular work was not operated independently from the other business places of the contractor. The defendant's employees F designated the non-party company's workplace as a person in general charge of safety and health pursuant to Article 18 of the Occupational Safety and Health Act and performed the work. At the site of the retirement of this case, the defendant's G team leader was stationed at the site of the retirement of this case, and the cleaning work of this case was conducted under the overall and continuous management of the defendant.

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