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1. Defendant C’s KRW 195,689,170 as well as 5% per annum from November 1, 2016 to March 9, 2018, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant C is engaged in the business of processing meology and acryle with the trade name “F” from the window E of Changwon-si.
Defendant B, as the trade name of “H” in Kim Sea-si G, shall perform gold-type production works necessary for electricity, automobiles, etc.
B. around March 2012, Defendant C received a contract from Defendant B for the interior works of the H second floor office (hereinafter “instant construction”) from Defendant B, and Defendant C entered into the Republic of Korea on March 5, 2012, and Defendant C was an assistant. The Plaintiff was an assistant.
On March 5, 2012, at around 11:40, the Plaintiff suffered bodily injury, such as high-level 1 meters away from the top of the board of a height of 1 meters, while performing the work of dismantling the board at the construction site of this case.
(hereinafter “instant accident”). C.
Defendant C was indicted of violating the Labor Standards Act by this court under the following facts: “The Plaintiff was injured by the instant accident, but was not paid KRW 4,0405,240, and KRW 13,176,000 as compensation for business suspension at least once a month from March 5, 2012 to July 4, 2012.”
On June 27, 2013, this Court rendered a judgment not guilty against Defendant C on the ground that “no evidence exists to prove the fact that the Plaintiff sustained an injury while providing labor.”
The Prosecutor appealed from this Court No. 2013No1202, and on January 16, 2014, the appellate court sentenced Defendant C to a fine of KRW 3,000,000 on the ground that “Defendant C employed the Plaintiff after being entrusted with the instant construction, and the Plaintiff sustained occupational injury due to the instant accident.”
Defendant C appealed by Supreme Court Decision 2014Do1396, but was sentenced to a judgment dismissing the appeal on July 7, 2014.
E. Meanwhile, on February 21, 2013, the Plaintiff filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service for injury caused by the instant accident. However, on March 8, 2013, the said Corporation rendered a disposition of non-approval for medical care on the ground that “the instant construction project is exempt from industrial accident compensation insurance.”
The plaintiff is the Ulsan District Court.