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(영문) 대구지방법원 2017.11.17 2016가단32411
손해배상(기)
Text

1. The Defendants jointly share KRW 13,680,000 with respect to the Plaintiff and the period from October 11, 2016 to November 17, 2017.

Reasons

1. 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 performed the construction work ordered by the Gyeongsan-si, ordered by the Gyeongsan-si; (b) Defendant C is the person in charge of the said construction site; and (c) Defendant C is a person awarded a subcontract from India and roads for the string of the said construction work; and (d) Defendant C was a person awarded a subcontract for the measuring instruments and ready-mixed with the road between delivery and the road during the said construction work; and (e) Defendant C performed the subcontracted ready-mixed removal work in front of the F Apartment-si, Busan-si, around December 30, 2015.

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 above apartment, 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 “instant accident”).

4) The Defendants were sentenced to each fine due to occupational negligence, and each of the above judgments became final and conclusive.

(Defendant B: The Daegu District Court 2016 High Court 2016 High Court 2016 High Court 2016 High Court 2181, Daegu District Court 2017No368). [Reasons for Recognition] The facts that there is no dispute, Gap evidence 2, Gap evidence 3-2, Gap evidence 18, Eul evidence 18, Eul evidence 1 and 6, the purport of the whole pleadings, and the purport of the whole pleadings.

B. According to the above facts, the defendants, as a field manager, are negligent in failing to fulfill their duty of care to prevent accidents by having the on-site workers not enter the work site, and thereby resulting in the instant accident. Thus, the defendants are jointly and severally liable to compensate the plaintiff for damages caused by the said accident.

(c) limitation of liability;

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