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(영문) 대구지방법원안동지원 2017.12.20 2016가단20183
손해배상(산)
Text

1. The Defendants are 42,478,236 won to each Plaintiff and 5% per annum from May 23, 2014 to December 20, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence No. 1's statements, witness D, E, F, and G's testimony, as a whole.

Defendant B, the owner of the agricultural machinery agency located H at permanent residence (hereinafter “instant building”), ordered the construction of the steel structure among the new construction of the instant building (hereinafter “instant construction”) to Defendant C.

B. The Plaintiff is a person employed by G operating I as an electrical construction technician and employed by G operating I.

On May 2, 2014, at around 13:30, the Plaintiff, along with D and J, who is an employee of the I’s volunteer staff, was killed by an electrical power plant, which was set up at the ceiling of the construction site of this case, and then felled, and suffered from injury, such as pressure d and scophion damage, etc. on the 1st century.

(hereinafter referred to as “instant accident”). C.

After the instant accident, the Plaintiff received medical care for 163 days from May 22, 2014 to October 31, 2014 (52 days of hospitalization, 111 days), and from the Korea Labor Welfare Corporation, KRW 7,091,70 as temporary layoff benefits, KRW 7,963,370 as medical care benefits, and KRW 14,017,690 as disability benefits during the said period.

2. Occurrence of liability for damages;

A. 1) The contractor is not liable to compensate for the damage inflicted upon a third party regarding the work, unless there is gross negligence on the contract or instruction (Article 757 of the Civil Act, however, where the contractor has reserved the right of specific direction on the work progress and method of the contractor, the relationship between the contractor and the contractor is substantially different from the relationship between the employer and the employee, and therefore the contractor cannot be exempted from the liability of the employer under Article 756 of the Civil Act for the damage caused by the illegal acts of the contractor or its employee, and this is also the same in the case of the subcontract.

However, the supervision over the contractor, which is the basis of the recognition of the above-mentioned employers and employees, is in the case of construction works.

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