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(영문) 울산지방법원 2020.04.23 2019나11609
손해배상(산)
Text

1. The part concerning plaintiffs A and E in the judgment of the court of first instance shall be modified as follows:

Defendant 250,243,836 won to Plaintiff A.

Reasons

1. Facts of recognition;

A. From March 2012, the Defendant, a corporation established for the purpose of designing and constructing industrial equipment, buildings, structures, and civil engineering facilities, subcontracted the manufacture portion of the water tank for fire-fighting purposes to L (hereinafter “L”) around November 16, 2012 while performing the construction work of a poly-mixed factory ordered by K Co., Ltd.

B. L is conducting maintenance and repair works for the water tank (10.5m in diameter, 19m high, and 1,400 tons of water tank) when water leakage occurs in the manufacturing process of a water tank for fire-fighting purposes, L is conducting a water tank to verify water leakage by filling water into the main body of the water tank. On July 26, 2013, at around 17:31, some of the general voltages entered into with the water tank at the lower panel were cut off without checking hydrotension, and the water level of approximately 1,300 tons was turned out in a lump sum, and the water level was used for work around the water tank and covered workers (hereinafter “accident in this case”).

C. Plaintiff A and E were engaged in water tank maintenance and repair work at the time of the instant accident, and Plaintiff A and E suffered from injury, such as external cerebral cerebral cerebral typhism, dubal flad, etc., and Plaintiff E suffered from injury to Plaintiff E, such as external climatic typosis, internal typosis, etc.

The criminal facts committed by the Defendant, as the head of the site office to which the Defendant belongs, have the construction progress without checking whether the construction is being executed in accordance with the design documents and construction specifications, and verifying that the construction is conducted in accordance with the obligation to take measures under the Occupational Safety and Health Act to prevent accidents and the final approval of the design drawings, and without checking whether the conditional approved design drawings have been performed.

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