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(영문) 광주지방법원목포지원 2016.12.01 2016가단52812
손해배상(산)
Text

1. Defendant C’s KRW 10,000,000 and its amount are 5% per annum from October 13, 2015 to July 11, 2016.

Reasons

1. Basic facts

A. On September 15, 2015, Defendant A Agricultural Cooperatives (hereinafter “Defendant AFF”) concluded a contract with Defendant C for the repair work for the roof of the Nonghyup AF warehouse located in Seoul National University-gun (hereinafter “instant warehouse”) (hereinafter “instant construction work”) (hereinafter “instant construction work”). From October 6, 2015 to November 31, 2015, with regard to the construction work price of KRW 24,519,000, and the construction period of the instant construction work (hereinafter “instant contract”).

B. Defendant C decided to employ the network E (hereinafter “the network”) in KRW 130,000 per day and to carry out the construction work. On October 13, 2015, Defendant C left the construction site of this case to instruct workers F and the Deceased to verify whether the work on the roof of the warehouse of this case can be carried out, and to purchase materials.

As there is a risk of falling up on the roof of the warehouse of this case, Defendant C, the business owner, provided employees with protective outfits, such as safety caps, etc., to wear them, and installed a work plate or a safety control net to prevent accidents, such as falling, etc. of workers. Defendant C did not take any safety measures against the warehouse of this case, and did not take any safety measures.

C. On October 13, 2015, around 09:00, the Deceased moved on the roof of the warehouse of this case to verify the roof condition of the warehouse of this case, and was killed on October 12, 2015 (hereinafter “the instant accident”) on October 12, 2015, while a wooden dust was abandoned, and was destroyed by a concrete floor under approximately 6.1m below, and was transferred to a neighboring hospital, and was treated again (hereinafter “instant accident”).

As to the instant accident, Defendant C was indicted for the violation of the Occupational Negligence and the Occupational Safety and Health Act (hereinafter “Industrial Safety and Health Act”) and for the violation of the same, Defendant C was sentenced to a suspended sentence of two-year imprisonment on July 14, 2016.

E. Meanwhile, the plaintiff is the deceased's wife.

[Reasons for Recognition] Defendant Agricultural Cooperative: without dispute, Gap 1.

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