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(영문) 서울남부지방법원 2019.04.24 2017가단235733
손해배상(산)
Text

1. Defendant D and E shall be KRW 31,00,000 for each of the plaintiffs A, and KRW 19,00,000 for the plaintiff B, and this shall be from June 12, 2016.

Reasons

1. Facts of recognition;

A. On September 30, 2015, Defendant C entered into a contract with Defendant D for the construction of a new house on G’s ground (hereinafter “instant construction”) at an interest time.

B. On June 11, 2016, H had contracted electrical construction from Defendant D and carried out the installation of concrete manle (a.e., 70cm, vertical 120cm, weight 610km, hereinafter referred to as “manle”) on the earth to reclaim electric wires.

C. Defendant D instructed Defendant E, a driver of the vehicle in possession, to reclaim the manle in the earth, to leave the ground by making use of the vehicle in which Defendant E, the driver of the vehicle in possession, for a part of the manle, came to the ground, and Defendant E and H carried out the work of cutting down the manle on the part of the part of the fore part of the fore part of the train, which connected the string chain to the fore part of the fore part of the gun, and carried out the work of cutting down the manle on the part of the manle by using the fore part.

당시 피고 E이 맨홀을 옮기는 과정에서 맨홀이 땅에 떨어져 두 조각으로 깨지게 되었고, 이에 피고 E과 H은 먼저 깨어진 맨홀 조각 중 작은 조각을 지정된 위치에 옮기고, 큰 조각을 �기던 과정에서 맨홀이 실링바에서 분리되어 떨어지는 바람에 그 주변에서 맨홀의 위치 이동을 안내하던 H의 머리에 맞아 H이 두부 손상으로 사망하였다.

E. On May 23, 2018, Defendant D did not perform its duty of care to ensure that employees engaged in any work that falls or is likely to fall away from material objects, with safety appearance paid to them. In the event of the work that uses vehicle meters, loading and unloading, transportation, machinery, etc., and handling of heavy objects, Defendant D did not perform the duty of care to prepare a work plan to prevent the danger of workers, and did not perform the duty of care to perform the work in accordance with the plan; Defendant D did not pay safety appearance to H; Defendant D had H conduct the work under his/her supervision.

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