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(영문) 수원지방법원 안산지원 2018.08.10 2015가단117073
손해배상(기)
Text

1. The Defendant’s KRW 33,372,398 as well as the Plaintiff’s annual rate from March 10, 2015 to August 10, 2018, and the following.

Reasons

1. Facts of recognition;

A. On July 19, 2013, the Plaintiff suffered injury (hereinafter “the instant injury”) such as an accident falling on the ground of 5 meters when the Defendant performed a panel work among the construction works of a factory (hereinafter “instant construction”) that was contracted by the Defendant at Asan Factory Co., Ltd., Ltd. (hereinafter “instant construction work”), which was located in Asan-si, Ansan-si, Seoul-si (hereinafter “the instant accident”), due to the release of the brue, the aftermath, the aftermathing, the bruthing, the bruthing, the steel-frame cutting, the upper part of the upper part of the upper part of the upper part of the construction work, the upper part of the lower part of the lower part of the construction work, the bruthing part of the lower part of the lower part of the construction work.

B. The instant accident occurred far from the Plaintiff’s ability to support in the process of installing a drainage home room after installing the eavess below the eaves.

C. On May 29, 2013, the Defendant subcontracted the instant construction project to F operated by E, including the Work of the Mapo Panel. G as the site manager, managed the overall construction of the instant construction. The Plaintiff was employed by F and performed the said panel work.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. A contractor of relevant legal principles is not liable to compensate for damages incurred by a third party on the date of the contract, unless there is gross negligence on the contract or instruction (Article 757 of the Civil Act). However, where a contractor has reserved the right of specific direction and supervision on the process and method of the contract, the relationship between the contractor and the contractor does not substantially differ from the relationship between the contractor and the employee, and therefore the contractor or the contractor cannot be held liable to compensate for damages caused by illegal acts of the contractor, and this applies to the subcontract.

A contractor who is a foundation for the recognition of employers and employees.

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