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1. The Defendant’s KRW 60,000,000 as well as 5% per annum from May 3, 2013 to July 26, 2018 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. Facts of recognition 1) The Defendant’s mutual sports center “C” (hereinafter “instant golf driving range”).
(2) Around 14:00 on May 3, 2013, D was killed on June 29, 2017, when it was under treatment on a steel tower with a height of 45 meters located on the right side at the entrance of the parking lot of the instant golf practice range, and was crashed and was damaged by the fall of a golf practice net at a height of 45 meters.
(hereinafter “instant accident”. (3) The Plaintiff is the only heir as the father of the Deceased. (4) Meanwhile, the Korea Workers’ Compensation & Welfare Service paid KRW 750,043,710 at the expense of the Deceased and the Plaintiff as temporary disability compensation benefits, medical care benefits, bereaved family members, and funerals in accordance with the Industrial Accident Compensation Insurance Act.
[Ground of recognition] Facts without dispute, each entry and video of Gap 1 through 10 evidence (including provisional number), and the purport of the whole pleadings
B. The plaintiff asserts that the defendant is the employer of the deceased or the conjunctive employer of the deceased, and as the accident occurred due to negligence that caused the deceased's death, the plaintiff is responsible for paying consolation money (the total amount of KRW 80,000,000, which is the deceased's total of KRW 20,000,000, which is the deceased's total of KRW 60,000) with compensation for damages.
The defendant asserts that the deceased is not the defendant's employee, but merely the contractor based on the contract.
C. Generally, there is no relationship between the contractor and the contractor, and the contractor does not be liable as the employer for illegal acts committed by the contractor or his/her employees. However, where the contractor is the same as ordering the contractor to perform a specific act or awarding a specific project, the contractor and the contractor of the labor contract are actually the employer.