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(영문) 대전지방법원 2012.09.07 2011가단19345
손해배상(산)
Text

1. The Plaintiff:

A. The Defendant Dae-Hy Construction Co., Ltd.: 275,651,497 won and its related thereto from December 17, 2008 to September 7, 2012

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On August 29, 2008, the construction of the beneficiary-beneficiary Co., Ltd. is the Plaintiff’s employer who was awarded a contract with the company B located in the former non-Gun B located in the former non-Gun C, and the Defendant Amera Fire Marine Insurance Co., Ltd. is the insurer who entered into an insurance contract with the Defendant Amera Construction with the insurance limit of KRW 100,000 per capita with the insurance limit of KRW 100,000 per capita for the employer-beneficiary Construction. 2) The Plaintiff entered into the employment contract at the site of this case on December 17, 2008 by setting the insurance limit of KRW 80,00 per capita for the employer-beneficiary Construction.

3) At around 10:30 on December 17, 2008, the Plaintiff: (a) subsidized the work of loading and unloading waste materials from a truck installed with a camera at the first floor parking lot of the instant interior works; (b) moved to a back wall adjacent to a camera and confirmed the practical sprinkler in order to identify the reason for the failure to carry out the de-ray; and (c) the Plaintiff’s body was caused by an accident that causes damage to the storm part between the back wall and the waste materials (hereinafter “the instant accident”).

(i) [In the absence of dispute over the basis of recognition, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 6, Gap evidence 9-1, 2, Eul evidence 1, 2, Eul evidence 3-1, 3-2, Eul evidence 3-1, 2, Eul evidence 3-2, witness E's testimony, and the purport of the whole pleadings.

B. According to the facts of recognition 1 of the occurrence of responsibility, the work of loading and unloading tin and waste materials from a truck with a car sticker using a car stick is dangerous work with a danger, so the above work is directly managed and supervised by the Plaintiff, the Defendant Grand Beneficiary Building, the user of the Plaintiff, who directly manages and supervises the above work.

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