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(영문) 대구고등법원 2017.10.13 2016나24513
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased D (Death on January 20, 2015, hereinafter “the deceased”).

On August 2, 2014, the Deceased awarded a contract to E for the construction of a new F Ground Housing (hereinafter “instant housing”) on a door-to-door basis, and E subcontracted the installation of boiler and the installation of a water supply and sewerage pipeline to C during the said construction.

B. C on December 26, 2014, the instant housing built the Defendant’s “Igman oil boiler 17S” (hereinafter “instant boiler”).

C. The Deceased, along with G (Death January 20, 2015), resided in the instant housing from January 19, 2015, before obtaining approval for use of the instant housing.

G sent text messages to E on January 20, 2015. The purport of G is that “boiler has stopped due to slick return, repeated return to slick, and almost almost all of them are slicked and slicked. The inside is that “the boiler takes the special measures of a group.”

On January 20, 2015, the Deceased and G had been divingd in the instant dwelling room, and died of the gas poisoning addiction through the boiler exhaust gas generated in the said boiler room, the gap of the main engine crepit connected to the kitchen, and the drainage pipe connected to the boiler room’s floor.

(hereinafter “instant accident”). E.

C and E were indicted for occupational injury on December 30, 2015, and was convicted on March 15, 2016 and finalized on March 23, 2016. The criminal facts of the crime are as follows: ① “E” means the installation of a boiler room, which is installed in the kitchen, through the entrance of the boiler room, to the outside, instead of the ceiling, and the installation of the boiler room. C through C, the drain pipe installed on the floor of the boiler room is connected with the indoor drain pipe, and the exhaust gas can flow into the indoor air through the indoor drain pipe. Thus, the boiler room, such as the installation of a drainage system, is installed.

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