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(영문) 인천지방법원 2017.09.15 2015가합59463
손해배상(산)
Text

1. The Defendant’s KRW 119,072,958 for the Plaintiff and 5% per annum from September 7, 2013 to September 15, 2017.

Reasons

1. Basic facts

A. The Defendant is a company awarded a subcontract for the installation of a workshop (hereinafter “instant construction”) among construction works for the building works for the building works for the building works for the building works for the building facilities for the building facilities in the Nam-gu Incheon Metropolitan City.

B. On August 31, 2013, the Defendant re-subcontracted the instant construction work to D, a trade name called C, and D employed the Plaintiff on September 7, 2013 and continued the instant construction work.

C. On September 7, 2013, the Plaintiff: (a) on September 7, 2013, on the construction site of the instant construction site, on the wind that takes place at the safety level string of the safety level strings; (b) cut down the wind that takes place on the temporary bridge; and (c) was killed by falling at approximately seven meters in height of the body and falling at approximately seven meters in height, thereby causing injuries, such as a multi-scoping alley.

(hereinafter “instant accident”). D.

The Korea Labor Welfare Corporation paid the Plaintiff KRW 41,037,730 as temporary layoff benefits due to the instant accident, KRW 34,687,140 as medical care benefits, and KRW 69,653,810 as disability benefits, respectively.

E. The provisions pertaining to the instant case are listed in the annexed sheet.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 9, witness D, and E's testimony, purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) As to whether the Defendant is in the position of taking safety measures as the Plaintiff’s employer, the contractor does not have an employer’s status against the contractor or his employee, and the contractor does not have a direct relationship between the contractor and the contractor. However, in the case of the contractor’s labor contract for which the contractor reserves the right of specific direction and supervision to the contractor or his employee, the contractor is in the position of the employer against the contractor or his employee (see, e.g., Supreme Court Decision 96Da53086, Apr. 25, 1997).

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