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(영문) 부산지방법원 2020.06.17 2019나54573
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the following amount ordered to be paid is revoked.

Reasons

1. In the first instance court, the Plaintiff claimed damages equivalent to KRW 6,1080,720 against the Defendants (i.e., lost income of KRW 34,797,630, positive damages of KRW 16,283,090, KRW 10,000). The first instance court dismissed the part of lost income and partly accepted the part of positive damages and consolation money.

As the Defendants appealed, the subject of the judgment of this court is limited to the active damages and consolation money part partially quoted as above.

2. Facts of recognition;

A. On November 25, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a construction contract with respect to the installation work of elevators and parking rooms including removal of existing elevators and parking ground facilities (hereinafter “the instant installation work”) among the repair work of the F Co., Ltd. (hereinafter “F”) and the E Hospital renovation work (hereinafter “the instant installation work”). From November 26, 2014 to February 25, 2015, the construction contract was concluded upon setting the construction cost of KRW 412,50,000 and the construction period of KRW 412,50,000,000, and the construction period of construction.

B. F subcontracted to G operated by Defendant C the removal work of the parking site (hereinafter “instant removal work”), which had been installed in the past during the instant installation work, to G operated by Defendant C, and the Plaintiff was a worker employed by G.

C. At around 14:30 on December 12, 2014, the Plaintiff, at the site of the removal construction of this case, was faced with a 10-meter fall below the instant machine along with the instant machine (hereinafter referred to as the “instant accident”) by cutting off the road so as to remove steel structure at the parkingta at the site of the removal construction of this case, by using the road dump, and cutting off or drawing the road dump to a high weight by using the road dump. In the course of getting on and off the road, the Plaintiff was faced with an accident of falling down at 10 meters below the instant machine along with the instant machine (hereinafter referred to as “instant accident”).

The plaintiff suffered injuries, such as the pelvise of the right upper part, etc. due to the accident in this case.

E. Defendant C is related to the safety control of the instant machinery.

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