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(영문) 광주지방법원 2015.03.03 2013가단513825
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2010, the Defendant entered into a construction contract with the Seo-gu Seoul Metropolitan Office of Education to set the construction amount of KRW 441,914,00, and the construction period until November 26, 2010, with respect to the installation works for convenience facilities for the disabled at the schools other than B middle schools and three schools (hereinafter “instant construction works”).

B. On July 28, 2010, the defendant awarded a subcontract for the manufacture and installation works of the elevator during the instant construction work to the joint supply and demand organization consisting of the defendant as the representative of the defendant joining the defendant, and the joint supply and demand organization consisting of the Sejong Elevator as the defendant, by the deadline of September 20, 2010. Article 4 (2) of the above contract provides that the defendant shall manage and coordinate the performance of the manufacture and installation works of the overall elevator as the principal contractor against the defendant, and Article 11 (4) provides that the joint supply and demand organization compensates the other person for damages caused by the negligence caused by the above joint supply and demand organization's intentional act or negligence.

C. In addition, on August 10, 2010, the Defendant made a subcontract for the steel framed Corporation as of October 27, 2010 with the term of the construction cost of KRW 57,30,000,000 and the term of the construction work. Article 10(2) of the above contract provides that the Korea-U.S. Corporation shall be liable for all acts of its agent, safety control manager, employee, or employee, and Article 18(4) provides that the Korea-U.S. Corporation shall be liable for damages if the Korea-U.S. Corporation causes damages to another person due to its intentional or negligent act.

On August 10, 2010, Han Young-young Co., Ltd.: D, who operated C on August 10, 2010, ordered D to re-subcontract the entrance fee, partnership, and fireproof seal construction cost of KRW 7,00,000 during the said steel frame construction, and D employed the Plaintiff from August 1, 2010 to engage in the said construction.

E. The Plaintiff supports the outside of the elevator at the construction site of this case on November 11, 2010.

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