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1. Defendant E’s each of the Plaintiffs’ KRW 77,140,300 and 5% per annum from November 19, 2017 to November 1, 2018.
Reasons
1. Facts of recognition;
A. Defendant C and D operate livestock pens located in the Chungcheongnam-nam Budget Group F (hereinafter “instant livestock shed”) owned by Defendant D with their husband and wife. Defendant E, E’s dynamic G, and H are those who engaged in the work of replacing vinyl on the roof of the instant livestock shed on November 21, 2017 (hereinafter “instant work”). The Plaintiffs are co-inheritors as children of H (hereinafter “the deceased”) who died while performing the said replacement work.
B. Defendant E received a request from Defendant C, who was aware of his knowledge, to change the instant work, and even before that, went to the instant stable on November 21, 2017.
They first removed vinyl fixed on the roof of the instant stable, and Defendant E, at the highest place (six meters above the ground) of the roof of the instant stable, shapes vinyl into both roof, and G and the Deceased replaced vinyl work by fixing vinyl from the end of the roof of the instant stable (3.65 meters above the ground).
During that period, the Deceased was cut up to the roof of the livestock shed of this case (remarks made of transparent or semi-scepting material for emulated mining, approximately 1-2m in thickness), and the Deceased felled into the ground concrete floor and sent back to the hospital, but died in the same day of credit sculposis and brain side.
(hereinafter “instant accident”). Defendant E received KRW 700,000 from Defendant C’s children as remuneration and paid KRW 200,000 to G and deceased children, respectively.
C. On May 3, 2018, Plaintiff A filed a complaint against Defendants by occupational negligence, resulting in death, etc., and on May 3, 2018, the prosecutor charged Defendant C with violation of the Occupational Safety and Health Act, occupational negligence, resulting in death, etc. ( Daejeon District Court Hongsung Branch Branch 2018No. 330), Defendant D, and E with non-prosecution decision (Evidence of Evidence).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 10, 11.