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(영문) 부산지방법원서부지원 2019.01.25 2018가단104588
손해배상(산)
Text

1. The Defendants jointly share KRW 81,878,684, and KRW 5,00,000 to the Plaintiff A, and KRW 3,000,00 to the Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The basic facts (1) Defendant E are the trade name “G”, Defendant F is the individual entrepreneur who engages in the vessel vessel processing business, vessel structure manufacturing business, etc. under the trade name “H”, and Plaintiff A is the employee of Defendant E.

Plaintiff

A centered on A, Plaintiff B is wife, Plaintiff C, and Plaintiff D are children.

(2) Defendant F puts work workers, including Plaintiff A, who were supported by Defendant E into the shipbuilding site (K block) in the shipbuilding yard located in JJ at the time of Sa company.

(3) On June 22, 2015, around 14:22, in the instant work site, Plaintiff A, while carrying out the same structure with Nonparty L, a worker of Defendant F, and installing the pipe of approximately 200 km in the block to move to a stree (hereinafter “instant work”), there was an accident that the pipe, which was not properly fixed, did not connect the pipe and the stree to the Plaintiff’s right edge, fell off (hereinafter “instant accident”).

(4) In the instant accident, the Plaintiff suffered injuries, such as the pressure trags on the right side, the upper right side 1, 2, 3, 4, and 5 double-class executive members, the upper right side 2, 3, 4, and 4, by the instant accident.

(5) Due to the instant accident, Plaintiff A received 66,109,480 won of temporary layoff benefits, 52,828,10 won of medical care benefits, and 54,022,290 won of disability benefits during the period of medical care from June 22, 2015 to January 12, 2018 from Korea Workers’ Compensation and Welfare Service.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1, 2, 5, and 6 (including paper numbers), the witness M's testimony, the result of response to the order to submit a report by the Korea Labor Welfare Corporation's branch office, the purport of the whole pleadings

(b) the basis for the responsibility (1) that the subcontractor has reserved the specific direction and supervision right for a part of the construction work, and that the materials and equipment are re-subcontracted to the contractor only for the part of the construction work being supplied.

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