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(영문) 대구지방법원 2019.01.30 2018가단108183
손해배상(산)
Text

1. The defendant is 5% per annum from October 3, 2013 to January 30, 2019, and from the following day to the plaintiff.

Reasons

Facts of recognition

The Defendant, while carrying out a new construction work of the instant construction work of the Daegu Suwon-gu C ground detached Housing (hereinafter “instant construction work”), managed the overall construction of the instant construction work via D. On October 3, 2013, the Plaintiff was employed by the Plaintiff, who was awarded a contract for a wooden construction work among the instant construction works, and fell down on the wall crying work at a height of approximately 1.7 meters in the parking lot during the instant construction site, without a railing within the parking lot.

(hereinafter “instant accident.” The Plaintiff was diagnosed as brain-dead, chilled, tensions, etc., due to the instant accident, after being transmitted to a F Hospital by the Plaintiff, and was diagnosed as having been influorious, tensions, etc., and continued to receive treatment due to the climatic climatics from October 11, 2013 to November 15, 2013, with two hearts, climatics, and tensions, etc., the Plaintiff was inspected at H Hospital on October 24, 2013, and was not found to have special opinions.

Nevertheless, the Plaintiff received physical therapy due to the continued pain, etc. from January 10, 2014 to 10, and received treatment from the I Hospital with both arms and yeasts, booms, and booms. On January 16, 2014, the Plaintiff was diagnosed with cerebral cerebral cerebriformsis damage and continued to receive treatment until July 24, 2017.

On or around March 31, 2014, the Plaintiff filed an application for medical care benefits with the Korea Workers' Compensation and Welfare Service. However, on or around April 24, 2014, the Plaintiff’s examination of video records, such as MRI, related to the Plaintiff, found that proximate causal relation exists with the instant accident, cerebral brain damage, and cerebral cerebral tension damage. The instant construction site was subject to a decision of non-approval for medical care on the ground that it is a place of business exempt from application under the Industrial Accident Compensation Insurance Act. On January 21, 2016, the Plaintiff filed a lawsuit against the Defendant for damages (Seoul District Court 2016dan2052) and subsequently withdrawn the lawsuit on June 8, 2016.

On the other hand, the J Hospital's appraisal was confirmed to have caused brain dynasty damage to the plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 7, 9 (including virtual numbers; hereinafter the same shall apply), Eul.

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