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(영문) 창원지방법원진주지원 2016.01.08 2014가단33839
손해배상(산)
Text

1. The Defendants jointly share KRW 9,208,969 with respect to the Plaintiff and the period from October 3, 2013 to January 8, 2016.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is the Defendant MEL Construction Co., Ltd. (hereinafter “Defendant MEL Construction”) that is a company for the purpose of lending showers.

(2) On September 17, 2013, Defendant AB Co., Ltd., a company aimed at collecting aggregate, etc. (hereinafter “Defendant ASP”) contracted to KRW 50,650,00 on September 17, 2013, for the C Corporation located in the factory located in Jung-gu Seoul Special Metropolitan City (hereinafter “instant construction”) to supply all the materials and parts used during the construction period to Defendant ASP Construction.

B. On October 3, 2013, at around 10:05, the Plaintiff suffered injury by falling off the floor by falling off the floor at a height of 7:8 meters, while moving the transport device installed adjacent to the transport device for the purpose of installing the transport device by putting the transport mark installed adjacent to the transport device, while the Plaintiff was on board the transport device installed adjacent to the transport device, at around 10:05 at the construction site of the instant case.

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 3 through 7, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings.

2. Establishment of liability for damages;

A. According to the facts of recognition as above, the accident in this case appears to have occurred due to negligence due to the Defendants’ failure to take safety measures to prevent the Plaintiff from being involved in the accident as prescribed by the Occupational Safety and Health Act at the construction site of this case. Thus, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the accident in this case as joint tortfeasor.

B. The Plaintiff cannot respond to the Plaintiff’s claim for the following reasons: (a) all the materials and parts used in the instant construction are the Defendant.

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