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1. The Defendants jointly share KRW 40,000,000 for each of the Plaintiffs, as well as with regard thereto, from August 10, 2018 to October 17, 2019.
Reasons
1. Basic facts
A. The Defendants are persons running a construction business under the trade name of “E”.
B. Around 10:00 on August 10, 2018, F was employed by the Defendants, and died after falling into a floor below approximately 6 meters of vadi, which was vadi, while he was engaged in roof dismantling work.
(hereinafter referred to as “instant accident”). At the same time, no safety device was installed to prevent the crash risk, such as safety belts, safety belts, and fall-protection networks.
C. The Plaintiffs are successors as children of F (hereinafter “the deceased”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 7, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the Defendants, the user of the Deceased, did not take any measures despite their duty to take appropriate safety measures, such as installing safety devices to prevent the crashing risk, such as safety belts, safety risks, fall-out net, etc., so that the Deceased, who is an employee, may not be subject to the crashing accident during his work, and the occurrence of the instant accident resulting in the Deceased’s death. Accordingly, the Defendants are liable to compensate the Deceased and the Plaintiffs for the damages suffered by the Deceased due to the instant accident.
B. The plaintiffs claim KRW 10 million as consolation money of the deceased, and KRW 20 million as the plaintiffs' own reference materials. The plaintiffs claim KRW 100 million as consolation money of the deceased. Considering the circumstance and age of the accident in this case, the deceased's duty of care to prevent danger in the event of work on the roof to the deceased, and the relationship between the deceased and the plaintiffs, etc., the plaintiffs are determined as consolation money of KRW 60 million and consolation money of KRW 10 million, respectively. 2) The defendants must pay them to the plaintiffs if they deduct the survivors' benefits, funeral expenses, etc. which the plaintiffs received due to the accident in this case.