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(영문) 인천지방법원부천지원 2017.06.02 2016가단101893
손해배상(산)
Text

1. Defendant E: (a) KRW 45,716,197 for Plaintiff A, KRW 1,00,000 for Plaintiff B, and KRW 300,00 for Plaintiff C and D, respectively.

Reasons

1. The following facts are either in dispute between the parties or in full view of Gap evidence Nos. 1 and 2, and the results of the physical examination commissioned to the director of the Macheon-do University Hospital and the purport of all the arguments.

Defendant F was awarded a contract with the person engaged in crym farming using a vinyl house (hereinafter “the instant vinyl house”) in Pyeongtaek-si G, and Defendant F was a contractor for the part of the construction after the cryping construction (hereinafter “instant construction”) from January 15, 2013 to Defendant F, which installed a cryp pressing in the instant vinyl house from Defendant F.

(B) as examined below, the Alley Corporation was directly executed by Defendant F).

Plaintiff

A around 12 p.m. on January 19, 2013, during the process of performing the instant construction work, around 12 p.m., during the course of the instant construction work, the head of the instant plastic house, falling out of the route in which the mother is moving, and the head was crashed, and the head was faced with the right side of the inner area (hereinafter “instant accident”).

C. The Plaintiff A received hospitalized treatment for 11 days from January 19, 2013, and the right eye at present is real name.

Plaintiff

B is the spouse of the Plaintiff A, and the Plaintiff C and D are their children.

2. Occurrence of liability for damages;

A. The instant accident occurred while Defendant E, who was awarded a contract with Defendant F, for the instant construction work by employing the Plaintiff and performing the instant construction work by employing the Plaintiff, and Defendant E neglected to take safety measures despite the Plaintiff’s duty to take such measures and caused the instant accident. As such, Defendant E is liable to compensate for the damages suffered by the Plaintiffs. Even if Defendant E was not the Plaintiff’s employer, Defendant E is liable as a labor contractor even if it was not the Plaintiff’s employer. If Defendant E is not the Plaintiff’s employer or labor contractor, Defendant F is the Plaintiff’s employer.

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