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(영문) 서울중앙지방법원 2014.12.18 2013가단231973
손해배상(산)
Text

1. The Defendant’s KRW 41,571,00 for the Plaintiff and 5% per annum for the period from April 14, 201 to December 18, 2014; and

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is the victim himself, who suffered the following accidents, and the Defendant is the non-life insurer who directly compensates for the damages within the limit of KRW 300 million per person in the event that B and the Plaintiff’s employer (hereinafter “B”) are liable for damages as an employer due to an industrial accident occurred between B and the Plaintiff’s employer.

(2) At around 10:00 on April 14, 201, the Plaintiff, under the direction of D, a field manager of the building site of Yangyang-gun in Gyeonggi-do, had the former owner newly set the former owner under the direction of D, who is a field manager of the building site of B, connected the electric wires to install a new electric cable on the former owner, and had the former owner removed the electric wires, and was subject to a reduction in the electric accident.

(hereinafter “instant accident”. (3) In the electric poles and electric wires replacement work, the installation of electric wires should be prior to the electric poles newly installed prior to connecting electricity. In order to connect electricity to the electric poles and electric tracks newly installed after the completion of such work, the Plaintiff, upon the direction of the head of the site office, took charge of the electric wires connection work.

(4) At the time of the above work, E, as listed on the electric poles where the voltage of 22,90 V flows, carried out the work of cutting off the air, covering the air stringer with the air stringer, and covering the air with the air stringer, thereby preventing the flow of electricity into the electric wires. During the work of installing the new electric wires, E, as part of the said new electric wires, became contacted with the electric wires where the existing electricity flows, and was cut off at the newly installed electric poles where a 50-meter radius has been applied.

B. According to the above facts of recognition of liability, B is responsible for securing the safety of workers as the Plaintiff’s employer. Thus, it is necessary to confirm the safety of electric wires working to prevent accidents, and take measures after checking the safety of electric wires.

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