logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.10.21 2015가단104602
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On January 8, 2012, when the plaintiffs' ASEAN (D residents; hereinafter "the deceased") worked as an employee belonging to the defendant company located in Nam-gu Incheon Metropolitan City, 5 Dong 3-23, the defendant company died of a fire from the first floor of the Nam-gu Incheon E or multi-household house of the third floor above the ground provided by the defendant company (hereinafter "the instant house") (hereinafter "the fire of this case"). The fire of this case occurred at the instant house (hereinafter "the fire of this case").

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 5 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted the following summary, and seek payment of KRW 265,822,200, and KRW 50,000 for property damage suffered by the deceased, and KRW 100,000 for consolation money for each plaintiff's share of inheritance and KRW 10,000 for consolation money for the plaintiffs, respectively, as part of the sum of KRW 10,00,00 for consolation money for the deceased.

(P) LOBE ACT. (1) - The Defendant Company violated the duty of safety consideration - The Defendant Company purchased the instant accommodation for the purpose of facilitating the receipt of labor service and provided it to its employees, including the Deceased.

Therefore, the control over the accommodation of this case is an employer company, and an employee is based on all safety issues in the area of the employer's control. Thus, the defendant company is obligated to protect the deceased from being affected by disaster in the accommodation of this case and to take into account its safety.

However, as long as a fire occurred in the lodging of this case, which is a space controlled by the Defendant Company, and the cause of the fire occurred and the deceased died due to that cause, the Defendant Company did not perform its duty to protect the Plaintiff under the labor contract.

Therefore, the defendant company is liable for all damages suffered by the deceased and the plaintiffs due to the nonperformance of the duty to protect under the labor contract.

Do governor's liability for defects in the installation and preservation of the structure.

arrow