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(영문) 서울동부지방법원 2015.11.05 2013가단125491
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff B and C are children of Plaintiff A.

B. As from February 1, 2013, effective mountain Construction Co., Ltd. (hereinafter “effective Construction”) concluded a labor contract with Plaintiff A, and around that time, the Defendant leased concrete pumps with water tanks to the Defendant, and accordingly, the said Plaintiff leased the concrete pumps with water tanks to the Defendant.

2. From around 13:00 on December 13, 26, 200 to the construction site of an access road to the Large Industrial Complex, while performing the work of building DNA concrete pumps owned by the Construction of Enzansan Industrial Complex, and suffered injuries, such as complete cutting to the right side after completion of work at around 17:30;

[Ground of recognition] The fact that there is no dispute, Gap 1-1 to 4-2, 8-2 to 10, Eul 1, fact-finding results on the Korea Labor Welfare Corporation, witness E, witness F (part) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the plaintiff A had to complete the work of building concrete using a pumps at the site where the defendant manufactured a bridge board and clean equipment. However, for the purpose of cleaning equipment, the truck was used to put the fruit into the pumps and water into the pumps, but the truck was mix concrete, but the defendant's on-site manager E again refused to support the vehicle.

Therefore, the above plaintiff, while cleaning water and equipment, was fluored on the floor and suffered the above injury because oil and water was fluored on the floor.

Therefore, the defendant should compensate the plaintiff A for active and passive damages caused by this, and pay consolation money to the plaintiffs.

B. The evidence submitted by the Plaintiffs alone was negligent in the Defendant’s employee E.

Since it is insufficient to prove that the plaintiffs suffered damages due to their negligence, the plaintiffs' assertion is without merit.

3. According to the conclusion, each of the claims by the plaintiffs in this case is without merit.

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