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울산지방법원 2015.06.17 2015가단3173

손해배상(산)

Text

1. The Defendant: (a) 54,79,765 won and each of the said money to Plaintiff A and B, respectively, shall be 5% per annum from August 2, 2014 to June 17, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On August 2, 2014, E, the Defendant’s representative director and the field supervisor, is the Defendant, at the site of the installation work for the F Village Water Center in Ulsan-gun, Ulsan-gun, Ulsan-do, and the network G (hereinafter “the deceased”).

2) In order to install sewage pipes near the entrance of H route, the excavated part of the excavated part ( approximately 4m, approximately 1.5m in width, about 1.7m in depth) was ordered to be cut off, and the excavated part is likely to be exposed to risks, such as the ground collapse or the burial of workers due to earth and stone fall, etc. Therefore, the Defendant did not take measures such as the installation of a earth protection network, the installation of a protective device, and the prohibition of workers’ entry, but did not do so, the Deceased buried into earth and sand, and the deceased died on the left side of the deceased, etc.

(3) The Plaintiffs are the deceased’s children. [In the absence of any dispute on the grounds of recognition, the entries in Gap’s evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.]

B. According to the above facts, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

However, as the deceased is employed by the Defendant, it appears that the ground-breaking work had been carried out at the place where the ground-breaking work was completed, and if there is a possibility of soil erosion or risk of collapse, it shall be deemed that there is a duty to inform the field supervisor in advance of the risk of collapse so that the Defendant can take safety measures, and such mistake was negligent, and the occurrence of the instant accident and the expansion of damage was caused.

As such, the deceased's negligence is considered to be 20% and the defendant's liability is limited to 80%.

2. In addition to the matters stated below within the scope of liability for damages, it is identical to each corresponding item in the separate list of damages calculation, and the period for the convenience of calculation shall be monthly.