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1. The Defendant: (a) KRW 106,00,000 for the Plaintiff and 5% per annum from February 21, 2014 to December 18, 2014; and (b) the Plaintiff.
Reasons
1. Basic facts
(a) Occurrence of an accident;
(1) On December 11, 2009, the Plaintiff registered its business with the trade name “D” in Daegu-gu, Daegu-gu, and changed the name of D’s business from November 3, 2010 to E as the Defendant’s birth, while engaging in the wholesale business and removal business of scrap iron, etc.
D. On November 18, 2010, the Plaintiff, who operated D, requested removal of the building B in the second building of the building F in the Gyeongbuk-gun F in the Gyeongbuk-gun, G, which can perform the cutting of steel frame, to be entrusted to the G.
Article 28(1) of the Civil Act provides that “A person who has been placed in a building at a height of 3 meters from the 11:00 on November 19, 2010 to remove the building shall cut the steel structure to a mountain steper, and thereby, he/she shall fall into the floor on the wind at which the building collapses, and thereby, he/she suffered injury, such as acute climatic he/she suffers from an injury.”
(hereinafter “instant accident”). However, the household building B, which had been performing the removal construction at the time, did not properly have safety facilities for preventing accidents, such as safety lines, work orders, and safety nets.
B. Progress, etc. of related litigation
(1) On November 15, 2012, G filed a lawsuit for damages against the Plaintiff, E, and C, the Daegu District Court Branch of the Daegu District Court (Seoul District Court Branch of 2012Kadan33260). On February 13, 2014, the court rendered a judgment in favor of part of the Plaintiff E to the effect that “the Plaintiff and E shall pay to each Party G 285,93,923 won, and the amount calculated at a rate of 20% per annum from November 19, 2010 to February 13, 2014, and that “the Plaintiff and E shall pay to each Party 285,993,923 won, and the amount of the Plaintiff E shall be paid at a rate of 20% per annum from the next day to the day of full payment” was finalized at that time.
Accordingly, on February 20, 2014, the Plaintiff paid KRW 318 million to G as compensation for damages according to the judgment, and G renounced all the remaining rights to both the Plaintiff and E.
d. The plaintiff.