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(영문) 서울중앙지방법원 2016.02.17 2010가단89515
손해배상(산)
Text

1. The Defendants jointly share KRW 123,987,789 with respect to the Plaintiff and the period from March 14, 2007 to February 17, 2016.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. The facts of recognition (1) The Construction Co., Ltd. (hereinafter “Defendant Treatment Construction”) is the contractor of the New Apartment Construction Co., Ltd. (hereinafter “New Apartment Construction”) in Ansan-si, Ansan-si, and the Defendant Pakistan Co., Ltd. (hereinafter “Defendant Pakistan”) entered into a supply contract with respect to the construction of the said New Apartment and furniture, and entered into a supply contract with the Defendant Treatment Construction, and then entered into a subcontract with the Defendant YY Co., Ltd. (hereinafter “Defendant Y”).

(2) 원고는 피고 예영에게 고용되어 2007. 3. 14.경 이 사건 아파트 901동 902호 현관 앞 창고에서 가구설치공사를 위해 목재재단기인 테이블톱을 이용하여 합판을 재단하던 중 합판에 있는 이물질로 인하여 갑자기 합판이 불꽃을 튀며 튕겨져 원고는 좌측 제3, 4수지 절단창 등의 상해를 입었다

(hereinafter referred to as the "accident of this case"), / [Grounds for recognition] Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply), Eul's evidence 1, Eul's testimony, and the purport of whole pleadings

C. (1) The grounds for the responsibility (1) Defendant Yyoung, as the business owner, ordered the Plaintiff to perform the work using the table saw saw, the cover of which is cancelled so as not to contact his hand, in violation of this, even though he bears the duty of safety consideration for his employees, and thus, the Plaintiff is liable to compensate the Plaintiff for the damages caused by the instant accident.

(2) Since Defendant Daewoo Construction is a business owner in charge of safety education, carrying in materials and working implements, and managing and supervising the construction site of the instant apartment construction site, it is necessary to take measures to prevent industrial accidents that may occur when workers employed by the subcontractor at the construction site of the instant apartment in accordance with the Occupational Safety and Health Act work site of the instant apartment construction site.

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