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(영문) 광주지방법원 2015.10.23 2015가합191
손해배상(기)
Text

1. The Defendants jointly share KRW 89,455,181 with respect to the Plaintiff and the period from June 15, 2013 to October 23, 2015.

Reasons

1. Basic facts

A. The Defendants were the owners of the fourth-story building in Gwangju-gu (hereinafter “instant building”), and installed a cargo elevator on the outer wall of the instant building (hereinafter “instant elevator”) for the purpose of using in transporting bread and materials in the warehouse of the instant building around February 2013.

B. The instant elevator was fixed at approximately 12 meters of the outer wall of the said building, and then the freight partitions of 0.93m in height of 1.95m can be moved to the upper lower end by overwork. The upper end of the elevator is a structure with a motherter for overwork reduction devices and adjustment thereof. The loading weight is approximately 100-150km. The Defendant, the managing body of the instant elevator, operated the instant elevator from May 1, 2013 to June 15, 2013 without undergoing the completion inspection in accordance with the Elevator Facilities Safety Control Act.

C. On June 9, 2013, the Plaintiff entered into the instant contract with Defendant B and the instant building (hereinafter “instant waterproof construction”) by setting the contract amount of KRW 13,000,000 and one week during the construction period as one week (hereinafter “instant contract”).

On June 15, 2013: around 53: The Plaintiff, who had been engaged in the waterproof Construction Work under the instant contract, was killed in the excess part of the instant elevator while boarding the instant elevator, and cutting off the instant elevator from about 14 meters, resulting in an injury to the first Tulverization and emitting aggregate, and due to negotition between the first-2 and the first-2.

(hereinafter referred to as “instant accident”), . [Grounds for recognition] without dispute, entry and video of Gap evidence 2, 3, 5, Eul evidence 1 through 11 (including paper numbers), the result of physical appraisal and the result of the commission of physical supplementation and supplementation to the captain of the Joseon University Hospital, the result of the on-site verification by this court, the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The establishment of tort 1.

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