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(영문) 부산지방법원 2019.10.17 2018가단311032
손해배상(산)
Text

1. Defendant C’s KRW 395,355,321 as well as 5% per annum from August 3, 2015 to October 17, 2019.

Reasons

1. Facts of recognition;

A. On August 3, 2015, the Plaintiff, who was employed by Defendant C, was employed by the owner of the building, to work as the employee at the new construction site of Defendant B’s Kimhae-si Housing (hereinafter “instant housing”).

[Death by occupational negligence] The defendant is a person who has employed a worker for daily use at the construction site of the third floor house in Kimhae-si.

Around 10:00 on August 3, 2015, the Defendant directed the victim A (the aged 57) who is a daily worker employed by the Defendant to clean up the door door of the third floor of the building through a bridge.

At the time of construction, there was no passage from the third floor to the third floor, and there was no way to move workers through a bridge between the floor of the third floor and the opening part of the sloping bank. The opening part of the sloping bank was a place where workers might fall at a height of about 2.5 meters from the floor of the third floor.

In such cases, the defendant had a duty of care to take measures to prevent the slopings from getting off or getting out of a bridge for the management and supervision of workers in the above work site, and to ensure that workers wear safety caps by paying them.

Nevertheless, while the Defendant did not take any measures to prevent the collapse of a bridge, the Defendant did not pay the safety appearance to the above victim.

On August 3, 2015, at around 10:30 on August 3, 2015, the victim, who did not wear a safety cap, was cleaning in the third multi-story bank, and was lowered to the third floor through the above multi-story, and the victim's head conflicts with the third floor while the victim's head does not go beyond the upper floor.

Ultimately, the Defendant caused the above victim to suffer injury, such as an injury to a closed frame, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

B. Defendant C shall be liable for damages incurred by the Defendant C on January 2016.

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