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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 19,639,135 as well as its annual interest from February 12, 2018 to November 20, 2020.
Reasons
1. The following facts are found either in dispute between the parties or in full view of the overall purport of the pleadings on the images of Gap evidence Nos. 2 through 4, 8, and 16 and the images of Gap evidence Nos. 7 and 9:
A. On April 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) awarded a contract for the construction of a factory (hereinafter “instant construction”) to Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant C subcontracted the parts of the windows and metal construction among the instant construction to D (hereinafter “Nonindicted”) around September 2017.
B. On February 12, 2018, at around 14:00, the Plaintiff, an employee of the Nonparty Company, felled below 4m, while working on the panel on the first floor of the main entrance of the instant construction site located in Chungcheongnambuk-gun E in the instant construction site.
(hereinafter “instant accident”). C.
The Plaintiff suffered damage to the upper right-side garment, bulverization of bulvers, the upper right-side bulvers, the upper right-side bulvers, the balute of bulgs, the balute, the balutal gale, etc.
2. Whether to recognize liability for damages;
A. Defendant B, who contracted the instant construction to Defendant C, is legally obligated to take industrial accident preventive measures under Article 29(3) of the Industrial Safety and Health Act, as it falls under the business owner under Article 29(1)1 of the same Act. Nevertheless, as Defendant B failed to take such measures and the instant accident occurred, Defendant B is liable to compensate the Plaintiff for the damages incurred due to the instant accident, along with Defendant C. (2) Determination that Defendant B is liable for the damages incurred due to the instant accident (amended by Act No. 16272, Jan. 15, 2019; hereinafter “Industrial Safety and Health Act”) Article 29(3) and (1)1 of the former Industrial Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019; hereinafter “Industrial Safety and Health Act”).