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(영문) 대전지방법원 2015.04.08 2014가단5040
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant: (a) leased the store of the first floor of the Seo-gu Daejeon Building B (hereinafter “instant store”) and used it as the Defendant’s three branch; (b) transferred the instant store to D; (c) requested D, who was in charge of the interior interior interior decoration of the said relocated store, to remove the instant interior interior works to restore the original state of the said store; and (d) D also requested E, who had been engaged in the said interior works together with several employees, removed the instant interior works at the instant store; and (c) E, along with the Plaintiff and several employees, removed the instant interior works at the instant store.

B. On August 11, 2013, the Plaintiff, while performing the work of removing the interior of the instant store by using the crypted crypted crypted on the wall of the Mama (P.T. A.S.) while performing the work of removing the instant store by using the crypted crypted crypted on the wall, he fell at a height of 2 to 3 meters.

(hereinafter referred to as “instant accident”). C.

The Plaintiff received medical treatment, including surgery, at a F Hospital, by suffering injuries, such as cutting the bones of bones, bones of bones, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, and 4, witness G, H, D, and E's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff directly constructed the removal of the instant store, the Plaintiff asserted that, despite its duty to take preventive measures against the Plaintiff, who is the Plaintiff’s employer who performs the removal work, the Plaintiff did not properly supervise the safety management, and that the instant accident occurred. Thus, the Defendant, as the employer, is liable to pay the Plaintiff the amount stated in the claim (i.e., daily income 42,761,142 medical expenses 8,023,160 medical expenses 1,763,468 consolation money 20,00,000).

As to this, the defendant, not the plaintiff's employer, contracted the removal work to D and subcontracted to D, so the defendant is liable to the plaintiff.

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