logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2019.05.09 2017가단3080
구상금
Text

1. The Defendant’s KRW 23,00,000 as well as 5% per annum from April 30, 2016 to May 9, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. D took overall charge of safety and health management of workers at the construction site of the building located in Daegu-gun E (hereinafter “instant new construction”) under the Plaintiff’s control, and F and G borrowed the name of H Co., Ltd. (hereinafter “H”) and the Defendant, and conducted installation and equipment works and fire-fighting installation works among the new construction works in the instant case.

B. Around 10:00 on November 22, 2013, the deceased I (hereinafter “the deceased”), who was a worker H, died of a large brain by shocking the head of the deceased while the J, who was a worker of H, engaged in the operation of a fire pipeline contact with the fire pipe using an elevator from the upper part of the parking beta, in the course of moving the elevator without any signal, during the process of moving the elevator from a place where a parking beta is parked at the new construction site of the instant construction site, in a space where the usuals of the first floor of the elevator of the underground level are additionally moved.

(hereinafter “instant accident”). C.

K, H, and M, the deceased’s spouse of the deceased, filed a lawsuit against the Plaintiff, H, and the Defendant seeking compensation for damages arising from the instant accident. On August 13, 2015, the Daegu District Court Branch Branch Decision 2014Kadan4662 decided that “Plaintiff, H, Defendant is jointly liable for damages arising from the instant accident and jointly liable for damages as an employer, such as D, F, and G,” and the said judgment became final and conclusive on September 11, 2015.”

From September 25, 2015 to April 29, 2016, the Plaintiff paid K, etc. totaling KRW 115,00,000 according to the above judgment.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's Evidence Nos. 1, 3, 9 through 12 (including each number), witness D's testimony, the purport of the whole pleadings

2. Determination

(a) the establishment of joint tort liability and the above recognition of the percentage of negligence.

arrow