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(영문) 창원지방법원 2017.11.21 2017나53573
손해배상(산)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a worker employed by the defendant for the removal of the roof, and the defendant is a representative of E in macro-si.

B. On December 2013, the Defendant entered into a contract with F for the removal of the board roof of G farm c ( approximately 38 meters in length, approximately 13 meters in width, and approximately 3 meters in height) located in G farm in C (hereinafter “instant removal work”) and four workers including the Plaintiff were employed to carry out the removal work in this case.

C. On December 19, 2013, the Plaintiff went to the roof of the said money shed in order to carry out the removal construction of the instant case. The Plaintiff sustained injury in need of approximately 14 weeks of medical treatment on the top of the climatic base, etc. as the support cost department supported by the roof was collapseed, and the roof was cut off at a height of 3 meters, and fell at a height of 3 meters.

(hereinafter “instant accident”). D.

With respect to the instant accident, the Plaintiff received KRW 36,71,670 from December 19, 2013 to July 8, 2015, including KRW 26,99,60 of temporary layoff benefits and KRW 29,374,710 of disability benefits, and KRW 93,085,980 of disability benefits.

E. The Defendant, including the Plaintiff, instructed the Plaintiff, etc. to remove the said gate roof of the said gate. The Defendant was convicted of six months of imprisonment without prison labor due to the criminal facts committed by the Plaintiff with the roof collapseed during work and falling down the Plaintiff into the bottom of the gate (Seoul District Court Decision 2014Ma314, Aug. 20, 2014), and the Prosecutor appealed, but the appeal was dismissed and finalized as is.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, and 5 (including branch numbers in the case of additional numbers; hereinafter the same shall apply) and images, significant facts to this court, the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. In the event that the Defendant’s liability for damages is likely to collapse the Plaintiff’s roof, the Plaintiff neglected the Plaintiff’s order to suspend and lower the roof removal work.

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