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(영문) 수원지방법원 2016.09.09 2014가단48039
손해배상(산)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 3,770,240, and 5% per annum from October 16, 2012 to September 9, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (i.e., Defendant through the Corporation (hereinafter “Defendant through the Corporation”) are “the instant electrical construction (hereinafter “instant electrical construction”) from the Korea Electric Power Corporation.”

The contract was received and part of the contract was made by the defendant corporation, the defendant corporation, the third party of the contract was not more than the defendant corporation, the third party of the contract.

A subcontract was made to the Plaintiff, and the Plaintiff was employed at the construction site of this case managed by the Defendants as the employees of Defendant Samsung.

B. On October 16, 20102, the Plaintiff: (a) was destroyed by earth and sand, and caused the collapse of earth and sand during the process of pipinging and electricity within the construction site of this case; and (b) was subject to an accident that was caused by the earth and sand to be sold to the earth and sand below it.

hereinafter referred to as the "accident of this case"

1) The Defendant did not take any particular safety measures to prevent collapse, even though there was a risk of water level and collapse on the ground while the point where the instant accident occurred in the course of excavation. Moreover, the Defendants provided only formal safety education to workers in relation to work within the workplace. [Ground for recognition: Evidence A, Evidence B, and Evidence B (including the number of pages, if any) and the purport of the entire pleadings.

B. According to the above facts of recognition, the Defendants, as business owners under the Industrial Safety Management Act, are jointly and severally liable for damages suffered by the Plaintiff due to the instant accident, since they were negligent in maintaining a working environment in order to avoid danger and injury to the life and body of the Plaintiff’s employees during work and neglecting their duty to protect them from occupational accidents despite their duty to protect them from occupational accidents.

C. Limit of liability, however, there is a duty of care to promote one’s own safety when the Plaintiff had performed piping and electrical works at the point of the instant construction work where there was a risk of earth and sand collapse.

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