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(영문) 서울서부지방법원 2016.09.22 2015가단232463
손해배상(산)
Text

1. Defendant C: (a) KRW 201,059,553 for the Plaintiff and 5% per annum from March 14, 2015 to September 8, 2015; and (b)

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

(a) Grounds for claims: as shown in the attached Form;

(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (Judgment by deemed as private capital);

2. Determination as to the Plaintiff’s claim against Defendant B

A. The Plaintiff’s assertion (1) The Defendant Company is a contractor who ordered the removal work on the fifth floor of Yongsan-gu Seoul Metropolitan Government D Building to Defendant C, and the employee of Defendant C died on March 14, 2015 as a cerebral paper due to her head while performing removal work according to Defendant C’s instruction.

(2) At the time of the instant accident, the Defendant Company directly directed and supervised the work status of employees, such as Defendant C’s removal work and network E, at the same place. Thus, safety and health measures to prevent industrial accidents are taken for employees employed by the contractor under Article 29 of the Industrial Safety and Health Act, despite that Defendant C’s employees did not take safety measures, such as providing health equipment, such as fitness, to the deceased E, etc., and caused the instant accident.

(3) Therefore, the Defendant Company is jointly and severally and severally liable with Defendant C to compensate the Plaintiff for all damages incurred by the Deceased or the Plaintiff due to the instant accident.

B. At the time of the instant accident, as to whether the Defendant Company, while carrying out interior works at the same place, was specifically and directly instructed and supervised the removal works of Defendant C in excess of the degree of supervision and supervision, the following circumstances are as follows, namely, the Defendant Company’s lease contract for the instant building from S. S. S. and S. S. S. S. Holdings around February 2015 to open a compound in the cover of a compound, but the lease contract was concluded on May 2014 with the former lessee.

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