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(영문) 수원지방법원 2017.07.07 2015가단145135
손해배상(산)
Text

1. The plaintiffs' respective claims against the defendants shall be dismissed in entirety.

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

Reasons

1. Basic facts

A. The relationship between the parties (1) The plaintiff A is the spouse, the plaintiff B, C, and D of the deceased.

Defendant E Co., Ltd (hereinafter referred to as Defendant Co., Ltd) is a company that intends to carry out remodeling works at the H Corporation site (hereinafter referred to as the “instant construction works”).

(2) Defendant F is the representative of I, who is the subcontractor, of the removal work that is part of the work that the Defendant Company contracted.

(3) G is a worker who died at around 16:20 on the same day on January 31, 2015, when the building demolition work was carried out under the direction of Defendant F and under the direction of Defendant F, who was engaged in the removal of the building at the construction site of this case, due to an accident that fell below the wall of the building ceiling around 15:09, while the building demolition work was carried out under the direction of Defendant F and under the direction of Defendant F.

B. (1) In the event of an accident, the Defendant Company entered into the instant construction contract with the J unit on March 25, 2015, and Defendant F agreed to perform the total estimate of the removal of the building, which is a part of the instant construction work, at the site of the instant construction work, at KRW 4.5 million.

(2) On January 31, 2015, G was in the process of removing a building at the construction site of the instant construction site on the same day while G was in the process of removing a building at the construction site of the instant construction site, and around 5:09 on the same day, G was killed at the KatoTol University Syle Hospital on the same day due to this accident at around 16:20.

[Based on the recognition] A without a partial dispute, Gap evidence 1 through 9, Eul evidence 14, Eul evidence 1 through 11, Eul evidence 1, Eul evidence 3 through 6 (each number is included; hereinafter the same shall apply), the witness K's testimony (excluding the portion not sensitive in the front and rear), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The defendants' employer's assertion of liability for tort (the main cause of claim) (1) K, the head of the site office of the defendant company, is the defendant F, with respect to the building and removal work subject to the removal of the construction of this case.

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