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(영문) 수원지방법원 2020.08.13 2017가단533163
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The network G (hereinafter “the network”) is a person engaged in removal construction business, etc.; Defendant C is a person engaged in machinery and equipment business, etc.; Defendant D is a person engaged in scrap metal business, etc.; Defendant E is a person engaged in wholesale and retail business, such as scrap iron, etc., with the trade name “I” from Ma at the time of Ansan.

B. On March 16, 2017, Defendant C, D, and the Deceased entered into a contract with Defendant F Co., Ltd. (hereinafter “Defendant Company”) to remove containers of KRW 3,00,000 from the Defendant Company in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in Jincheon. The removal company was the representative of Defendant E

(hereinafter “Removal of this case”). C.

On March 17, 2017, Defendant C, D, and the Deceased agreed to purchase boiler parts at the construction site from Defendant C to KRW 800,000,00. On that condition, Defendant C, D, and the Deceased decided to remove the boiler parts installed with boiler parts.

On March 18, 2017, at around 09:00, the Deceased performed the work of removing a tent fixed string at a height of 4.13 meters from a boiler room located on a A-type bridge at the site of the removal of this case (hereinafter “the boiler room of this case”). On March 18, 2017, the Deceased was placed at the ceiling board which falls down on the wind of the ceiling board support pole, and she was faced with head on the ground floor.

(hereinafter “instant accident”) e.

around 05:00 on March 20, 2017, the Deceased died at L Hospital located in K in the Cheongju-si, the petition-gu, Cheongju-si at the cost of brain training during treatment.

F. The plaintiffs are co-inheritors as children of the deceased.

G. The representative M of the Defendant Company was subject to disposition on October 4, 2018 on the crime of occupational negligence resulting in the death of the deceased by failing to perform his/her duty of care to prevent the instant accident.

H. Defendant C continued to remove the instant case.

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