logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.18 2017나317240
손해배상(기)
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The plaintiff.

Reasons

1. The plaintiff asserts that the defendants' incidental appeal is unlawful since the defendants' incidental appeal was filed after the lapse of the period of appeal.

However, the incidental appeal is a system that seeks to change the original judgment in favor of the principal on the premise of the existence of an appeal filed by the other party, even after the right to appeal by the appellee has ceased to exist and it is impossible to file an independent appeal due to the extinguishment of the right to appeal by the appellee. Therefore,

2. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) Defendant B is the representative director of E Co., Ltd., which ordered the construction work at the time of Busan Metropolitan City, and is responsible for the said construction site; and (b) Defendant C is a person who has contracted from E Co., Ltd. the said construction work to the end of the said construction site as a person who was in charge of the said construction site, such as the mouth shoulder and ready-mixed removal work between India and the road during the said construction work; (c) Defendant C performed the said work on December 3, 2015, around 15:30, 2015, in front of the F Apartment apartment book at the time of Busan Metropolitan City.

The defendants, a field manager, have set up only Racon (safety signs of the color model) in the above construction section without having access by directly controlling persons or combining safety belts, although the above construction site was a pedestrian crossing in the front door of the apartment.

3) The Plaintiff entered the crosswalk at the same time with a bicycle riding along the front door of the apartment house, and the bicycle front wheels was placed in concrete, while maintaining balance, going beyond the floor, and suffered bodily injury, such as the right shoulder, etc. (hereinafter referred to as “instant accident”).

4) The Defendants were sentenced to a fine for occupational injury (Defendant B: a fine of KRW 1.5 million, Defendant C: a fine of KRW 2 million) and each judgment became final and conclusive.

(Defendant B: Daegu District Court 2016 High Court 2016 High Court 1735, Defendant C: Daegu District Court 2016 High Court 2181, Daegu District Court 2017No368).

arrow