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수원지방법원안산지원 2017.11.22 2015가단16873
손해배상(기)
Text

1. Defendant B’s KRW 20,119,478 as well as 5% per annum from November 19, 2014 to November 22, 2017 to the Plaintiff.

Reasons

1. Claim against the defendant B

A. 1) In fact, as to the occurrence of liability for damages, the New Construction Co., Ltd., on November 10, 2014, the fact that the liability for damages was recognized, is as follows: (a) the Construction Co., Ltd., Ltd., which was maintained by the Defendant Mine-si and the Maintenance Work

On November 13, 2014, Defendant B, as the head of the site of the instant construction project, performed overall control over the safety of the construction site. On November 19, 2014, the employees, who were engaged in the instant construction project, using sckes in accordance with the direction of Defendant B, at the site of the instant construction project located near Made-si (1.5 meters deep, and 2 meters wide) and went away from the construction site without taking measures to prevent access to the construction site, such as installing safety fences or safety belts during the occupation time. Accordingly, on November 19, 2014, the Plaintiff, who had been living there around 12:30 on the 12:30 on the 19th of November 2014, 2014, fell the Gu, thereby causing the instant accident (hereinafter referred to as “the instant accident”).

2) The Plaintiff is liable to compensate the Plaintiff for damages incurred to the Plaintiff due to the instant accident (Defendant B’s safety fences and safety belts) inasmuch as the instant accident occurred due to the instant work, and there was a high risk of falling. In such a case, the Defendant B, who is in charge of the safety of the construction site, has a duty of care to prevent any people other than workers from entering the construction site, such as setting up a watch around the construction site where the accident occurred, and installing safety fences around the construction site. However, the Defendant B, who is responsible for compensating the Plaintiff for damages incurred to the Plaintiff (such as Defendant B’s entry and exit belts).