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(영문) 광주지방법원 2016.08.19 2015나56228
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:

Reasons

1. Basic facts

A. On March 1, 2014, Defendant Liber Construction Co., Ltd. (hereinafter “Defendant Company”) entered into a cleaning service contract to contract the completion cleaning of the construction site of the construction site of the Gwangju Mine-gu Seoul metropolitan apartment (hereinafter “instant site”) that the Defendant Company performed to the Gain Tech Co., Ltd. (hereinafter “Sein Tech”).

B. On April 2014, the Defendant Company removed the opening cover of the balcony, which is connected to the escape bridge installed between each floor of the apartment buildings at the instant site, and neglected to leave the cover cover with the lower cover cover.

C. On April 23, 2014, the Plaintiff, as an employee of Nonparty Company, worked in the first place on the same day from around 08:00 to around the same day, engaged in the cleaning of balcony windows on each floor of apartment buildings in the instant field. From around 14:0, around 100, the same day, the Plaintiff was suffering from an injury, such as the damage to the mouth of the entrance of the escape bridge, with the opening of the escape bridge, while moving from the balcony at around 14:0, 103, 90, and 903, while moving for the cleaning of the windows in the balcony, the Plaintiff was suffering from the injury, such as the damage to the chest of the chest 9-10,

(hereinafter “instant accident”). D.

From April 23, 2014 to December 5, 2014, the date of the instant accident, the Plaintiff underwent surgery and treatment at the Jeonnam University Hospital and the C Hospital. As to the instant accident, the Plaintiff received respectively KRW 9,378,00 of temporary layoff benefits, medical care benefits of KRW 15,989,560, and disability benefits of KRW 17,344,80 from the Korea Labor Welfare Corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 4, and Eul evidence 6 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts acknowledged prior to the occurrence of the liability for damages, the Defendant Company, as the construction manager at the instant site, has installed a refuge bridge opening in the balcony, and thereafter installed the upper cover and the lower coverr safely so as to prevent the workers from falling even if they follow the openings.

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