logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.03.29 2016나37277
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. On February 9, 2015, the Defendant entered into a contract (hereinafter “instant construction contract”) with C (F) under which the interior obstacles and remaining disposal works of the fifth floor of the building of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant construction works”) were awarded to KRW 83 million (excluding value-added tax) (hereinafter “instant construction works”).

B. On March 14, 2015, the deceased E (hereinafter “the deceased”) was a worker at the construction site of this case, and was engaged in removal work at the construction site of this case, and died of a bral with head in the wall string away from the construction site (five floors).

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

The Deceased did not have unmarried children at the time of the instant accident, and his father died before the instant accident.

(A) The mother of the deceased is who is the mother of the deceased and his life is unclear). The Plaintiff, as a white part of the deceased, has taken care of the deceased from his care.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 11, 13 through 18 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant contracted the instant construction, which is a part of the instant construction, for the opening of Lestop business, to C, and the manager of the Defendant, in the process of the instant construction, directly directed the construction site and directed C’s workers to work.

Therefore, the defendant is liable for tort liability or employer liability as the defendant did not fulfill its duty to take appropriate industrial accident prevention measures under Article 29 of the Industrial Safety and Health Act, or the duty to protect the contractor.

The plaintiff, as a white part of the deceased, has actually brought up the deceased like his father, and caused serious mental damage due to the death of the deceased, so the defendant is the plaintiff.

arrow