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(영문) 서울북부지방법원 2015.02.16 2013가단6237
손해배상(기)등
Text

1. The instant lawsuit against the Defendant C shall be dismissed.

2. The claim against the defendant B is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On January 2010, Defendant B entered into a contract for the construction of a sports master hall for E, a sports master hall for E, located in D at the time of the sports at the time of the sports promotion, and Defendant C entered into a contract with Defendant B for the manufacture of signboards and construction works during the foregoing interior works (hereinafter “instant construction”).

B. On October 15, 2011, the Plaintiff, who was employed by Defendant C from around December 201 to work as a daily worker, was disabled by the Plaintiff due to the interruption of a part of the right-side thirropulverization of the upper right to the upper right by falling down on the 3-4m height of the wall and falling down on the upper right-side thirth of the upper right-side 12% of the number of signboards at around 01:00, while installing a signboard with a large volume of 120cm width and 80cm in length at the site of the installation of the above artificial park at the site of the artificial park construction work (hereinafter “the instant accident”).

【In the absence of dispute on the basis of recognition, Gap evidence Nos. 1 through 4 (including virtual numbers), Eul evidence No. 1, Eul evidence No. 1, and Eul's physical appraisal replys to the director of the Silver University Seoul Metropolitan Hospital

2. Defendant C, who is an employer of the Plaintiff’s summary of the Plaintiff’s assertion, provided safety education to prevent accidents prior to having the Plaintiff engage in dangerous work at the risk of falling as above, and did not take necessary measures to prevent accidents, thereby causing the instant accident. As such, Defendant C, who is an employer of the Plaintiff, is liable for nonperformance that failed to perform his/her duty to protect under the labor contract and tort liability in violation of Article 76 of the Labor Standards Act and Article 23(3) of

Defendant B is a person who entered into a labor contract for the installation of a signboard with Defendant C and is actually liable for the tort committed by Defendant C in the position of the employer of Defendant C.

Therefore, the Defendants shall compensate the Plaintiff for all damages incurred by the Plaintiff due to the instant accident.

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