logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.30 2014가단132189
구상금
Text

1. The Defendant’s KRW 35,00,000 as well as 5% per annum from May 31, 2014 to November 30, 2016 to the Plaintiff.

Reasons

1. Basic facts (i.e., the Plaintiff, the insurer, concluded an insurance contract with Nonparty AS East Co., Ltd. (hereinafter “Nonindicted Company”), the insured, for domestic workers’ disaster security with the Plaintiff, and on April 8, 2013, the Nonparty Company awarded a contract to the Defendant for the installation and dismantling of the heading (hereinafter “instant construction”) among the construction of the Ulsan-gu Seoul apartment complex (hereinafter “the instant construction”) with the Defendant at KRW 130 million (value-added tax separate).

around 08:10 on February 23, 2014, the victim D, who is an employee of the non-party company, caused the death of two parts due to damage to the head (hereinafter “the instant accident”). Around 08:10 on the 109 new construction site of the said apartment complex, one safety gate (1m, 1.58m, weight 10km), which fell on the upper floor of the said apartment complex at the 109 new construction site.

Fidelity at the time of the instant accident, the Plaintiff calculated 51,00,000 won (=60,000,000 x [1-(0.6 x 25%) as consolation money less than 25% of the deceased’s negligence at the time of the instant accident, while the Plaintiff did not recognize the lost income due to the excess in operation of the deceased, and paid the said amount as insurance money to the victim on May 30, 2014 under the said liability insurance contract.

[Ground of recognition] Facts without dispute, entries and videos of Gap's evidence 1 through 10 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred during the work of removing the strug safety fences that the defendant contracted by the non-party company, and is liable for tort caused by negligence by neglecting the duty of safety management, such as the defendant's preferential and subordinate work at the same time while failing to install the safety net, etc. In addition, even if the defendant ordered the "construction dismantling work" during the construction of this case to E, which is the repair contractor of the steel structure operated by the plaintiff's supplementary intervenor (hereinafter "the supplementary intervenor"), this subcontract is a typical labor contract which was concluded without the consent of the non-party company, and the defendant is liable for the damage of this case, and the non-party company has against the defendant.

arrow