beta
Text
1. The defendant shall pay to the plaintiff A KRW 135,160,778, and KRW 2,500,000 for the plaintiff B, and KRW 1,250,000 for each of them.
Reasons
1. Facts of recognition;
A. The Defendant subcontracted the removal work to F on March 30, 2013, upon receiving a contract from E Company for the expansion work of the factory located in Yangsan-si.
(hereinafter “instant construction project”). (b)
F When the employees of the F are insufficient to perform the above construction work, the Plaintiff A was placed in the construction site at the G Human Resources Office, requesting the worker to be employed in the work site.
C. On April 12, 2013, at around 16:45, Plaintiff A fells from the floor below vavadi, which is hotly hotly hotly hot to vavadi (hereinafter “instant accident”). As a result, Plaintiff A suffered double frames and inner frame parts of the instant construction.
The Defendant did not install the fall prevention facilities around the board of the instant construction site or install the safety nets, etc. at the point of falling.
E. Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are their children.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, witness H and I's statements, the purport of the whole pleadings
2. Whether to recognize liability for damages;
A. The Defendant asserted that he subcontracted the instant construction work to F by entering into a contract with E.
Therefore, E or F, who employs the Plaintiff, is liable to take safety measures in the construction site. Thus, the Defendant is not liable for the instant accident.
B. Considering the overall purport of the arguments in the statement of Gap evidence Nos. 1 and Eul evidence Nos. 1, and the statement of the witness H and I, the plaintiff Gap received temporary layoff benefits and medical care benefits from the Korea Workers' Compensation and Welfare Service by designating the defendant as the workplace to which the defendant belongs; the defendant dispatched I who is in charge of technical skilled affairs to the site manager of the construction of the case; and the Eul is stationed at the site of the construction of the case at the site of the construction of the case at the assembly type building where the accident of the case of this case occurred; and