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1. Defendant C shall pay to the Plaintiff KRW 30,052,522, and KRW 5% per annum from June 1, 2016 to June 14, 2016, and complete payment from the following day.
Reasons
1. Basic facts
A. On November 2013, Defendant B left Defendant C with the repair work of the housing located in Namwon-si (hereinafter “instant housing”) (hereinafter “instant construction”) (hereinafter “instant construction work”).
B. On November 1, 2013, the Plaintiff was awarded a labor contract with Defendant C regarding the repair, etc. of hanok during the instant construction project (hereinafter “instant wooden project”). On November 10, 2013, the Plaintiff suffered an injury, such as a cage cage cages, etc., due to an accident in which the columns of the instant housing were collapsed (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 8, Eul evidence 1 to 1 (including each number), Eul evidence 1 (including each number), examination of the witness C, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion asserts that the defendants jointly have a duty to pay damages of KRW 72,235,845 to the plaintiff for the following reasons.
1) Defendant B, as the owner of the instant housing, is not only the owner of the structure, but also the person who directly carried out the repair work of the instant housing, is the Plaintiff’s employer. However, Defendant C was unable to perform the duty of protection arising from the instant construction work against the Plaintiff, who is the labor contractor or the human father. (2) Defendant C was jointly responsible with the Defendant B, who was in charge of the site of the instant construction.
3) Therefore, the Defendants are jointly obligated to compensate for the Plaintiff’s damages arising from the instant accident. 4) With respect to the scope of compensation for damages, 65,437,065 won (=2,267,325 won (=27 days of hospitalization x wage 83,975 won) 63,169,740 won (i.e., total 103 months between the age of 60 x total 32.68% x wage 83,975 won x 22 days), medical expenses 3,796,780 won x 3,796,780 won x 74,233,845 won x 74,200,000 won including medical expenses already paid from the total of 74,233,845 won, and 200,000 won including medical expenses)