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(영문) 대구지방법원 2017.09.29 2017가단114945
손해배상(산)
Text

1. The Defendants are jointly and severally liable to Plaintiff A for 23,256,70 won, Plaintiff B, C, and D, respectively, and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Defendant Forest Construction Co., Ltd. (hereinafter “Defendant Forest Construction”) is a construction company of G Corporation at the time of Busan, and the Co., Ltd. (hereinafter “Defendant Forest Construction”) is a contractor of the said new construction among the said new construction works.

Defendant E is the head of the construction site in the above new construction site under the jurisdiction of Defendant B’s forest construction site, and Defendant F is the supervisor of work in the above construction site under the jurisdiction of Defendant Crown Plant.

B. On October 19, 2015, Defendant E and F had been engaged in power generators, container offices, miscellaneous materials management, and commercial strawing operations using Hakles owned by H at the construction site of this case.

Since Defendant E and F had a height of approximately 2.5 square meters on the ground, Defendant E and F did not pay a safety wear to H to prevent accidents due to falling-off, even if they had a duty of care to prevent accidents due to the installation of safety facilities, etc., and they did not pay a safety wear to H to the end. He felled into the floor from the negligence of failing to install safety facilities on a bridge to board a bridge or to the Crain’s steering seat, and H died due to ethalopsis, etc. on the 27th of the same month.

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

Defendant E and F were prosecuted for the instant accident by occupational negligence, resulting in death, and was convicted on May 16, 2017 in the Daegu District Court Decision 2016Kadan2588, and the said judgment became final and conclusive thereafter.

Plaintiff

A is the wife of the deceased H (hereinafter referred to as "the deceased"), and the children of the deceased are plaintiffs B, C, and D.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4 (including virtual numbers), Eul evidence 1 to 1 (including virtual numbers), Eul evidence 1 to 1 (including virtual numbers), the purport of the whole pleadings

2. According to the occurrence of liability for damages and the recognition of the above restriction, even if the deceased is an individual entrepreneur, it shall be regarded as a general worker.

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