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(영문) 서울남부지방법원 2016.05.31 2015가단222801
손해배상(산)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 27, 2012, the Defendant Geum River Green Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) that received nine removals and new construction works of the machinery room in Songpa-gu Seoul Metropolitan Government D apartment (hereinafter “instant apartment”) subcontracted nine removals and waste disposal works of the said construction to Defendant C.

B. On September 10, 2012, Defendant C, with the trade name “F,” requested the deceased, who is engaged in construction machinery contracting and leasing business, to remove the concrete of the machinery room as sckes, etc., and in return, paid KRW 4,50,000 per day.

C. At around 08:10 on September 11, 2012, G (hereinafter “the deceased”) died as “proving brain damage caused by an accident involving emulculation,” on the ground that a small emulcator is driving stairs, and the emulcator was involved in the accident involving emulculation for work to remove the concrete floor in the 128-dong underground parking lot room of the instant apartment building (hereinafter “instant construction”).

(hereinafter “instant accident”). D.

The plaintiffs are children of the deceased.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, 11 through 13 (including each number in the case of additional numbers), Eul evidence 1 and 2, and the purport of the whole pleadings]

2. The parties' assertion

A. The deceased, as the supervisor and supervisor of the Plaintiff’s claim, is liable for damages of this case, when he was driven by sckes to carry out the instant construction work after entering into a labor contract with Defendant C, and got off to the 128 underground parking lots of the instant apartment. In such a case, the defendant C, who ordered the deceased to carry out the instant construction work, shall prevent the accident from occurring, such as inducing or guiding sckes by placing safety personnel by preventing accidents that may occur when he was driven by sckes and let the deceased get off to the underground parking lot.

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