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(영문) 울산지방법원 2017.09.08 2015가단25920
손해배상(산)
Text

1. The Defendant’s KRW 137,264,029 as well as 5% per annum from May 11, 2015 to September 8, 2017 to the Plaintiff.

Reasons

1. Occurrence of and limitation on liability for damages;

A. The facts of recognition 1) The defendant is a person who operates machinery parts manufacturing business under the trade name of C, and D is a person who operates the C-factory building extension work conducted from the defendant Kimhae-si, Kim Jong-si (hereinafter “instant construction work”).

(2) Around 09:50 on May 11, 2015, while entering into an employment contract with D and performing the installation of a panel at the factory roof in the construction site of the instant construction site (hereinafter “instant accident”). Around 10:34 on the same day, the network F was killed as “long-term damage to divers” while transferred to an emergency room of G Hospital on the same day.

3) The plaintiff is the only inheritor who is the deceased's children. [The facts that there is no dispute over the grounds for recognition, Gap's evidence Nos. 1 through 6, Eul's evidence No. 9 through 23, Eul's evidence No. 3-4, and the purport of the whole pleadings.

B. In general, since the occurrence of the liability for damages is not related to the direction and supervision between the contractor and the contractor, the contractor is not liable as the employer for the illegal acts of the contractor or his employee. However, in case where the contractor directs the contractor to perform a specific act or sub-subcontracts a specific project, or the subcontractor of a part of a construction work promises the right to direction and supervise the contractor, and in case of a labor contract such as sub-subcontracts for the part of the construction work when he supplies the materials and equipment, the contractor and the contractor are actually related to the contractor, so the contractor bears the duty to improve the physical environment and to devise necessary measures so that the contractor does not harm life, body, and health in the process of providing labor, and the contractor violates the duty to protect the worker's life, body, and health by intention or negligence.

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