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(영문) 광주지방법원 순천지원 2018.01.10 2016가단73631
손해배상(산)
Text

1. The Defendant’s KRW 75,539,693 as well as the Plaintiff’s annual rate of 5% from November 3, 2013 to January 10, 2018.

Reasons

1. Facts of recognition;

A. Jak-gu Co., Ltd. contracted the “C Corporation” with the “C Corporation,” and among them, concluded a contract with the Defendant for construction cost of KRW 30,80,000,000 with respect to the pipe dried Corporation.

B. Around October 27, 2013, the Defendant: (a) deposited D with D the above pipeline temperature construction cost of KRW 20 million; and (b) recruited the parts, including the Plaintiff, and (c) recruited the parts, including the Plaintiff, to construct pipes.

C. On November 3, 2013, the Plaintiff was killed while moving to the opposite part for the purpose of the pipe conditioning work at a height of 6 meters above the ground (hereinafter “instant accident”), and thereby suffered bodily injury, such as the 2nd emission frame.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, witness E and D's testimony, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiff's assertion asserts that the defendant is liable to compensate the plaintiff's damages caused by the accident of this case, since the accident of this case occurred because he neglected his duty to provide sufficient safety education as the plaintiff's employer and to enable the worker to work in a safe working environment.

In regard to this, the defendant is D parties who entered into a labor contract with the plaintiff, and the defendant is merely D's contractor, and the accident of this case occurred not by the defendant's breach of duty of care but by the plaintiff's negligence, so the defendant is not liable to compensate for the plaintiff's damage caused by the accident

B. First of all, as to whether the Defendant is in the position of taking safety measures as the Plaintiff’s employer, the contractor does not have the status of employer against the contractor or his employee, and the contractor does not have any direct relationship between the contractor and the contractor, but the contractor reserves the specific direction and supervision right against the contractor or his employee.

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