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(영문) 대구지방법원 서부지원 2018.07.24 2016가단57189
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The facts following the facts of recognition do not conflict between the parties or may be recognized by taking into account each entry in Gap evidence Nos. 1 to 5, 8, 9 and Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff is a person who works in the new world department store located in the Daegu East-gu East-gu East Intermodal Transfer Center Corporation (hereinafter referred to as the “instant construction”).

The Defendant is the contractor of the instant construction work.

The Defendant subcontracted the construction of underground steel frame in the instant construction to the same-sex Heavy Industries Co., Ltd. (hereinafter “same-sex Heavy Industries”).

B. On July 31, 2015, around 11:06, the Plaintiff was engaged in concrete building works on the 5th underground parking lot of the instant construction site.

However, in the construction site of this case, B omitted one of the two bloets connecting the sn beam beam of the 5th floor underground and the bloet connecting the slock of the 5th floor underground in the construction site of this case, and there was an accident where the Plaintiff, who was engaged in the above work, was also crashed on the wind where the bloet is far away from the above bloet and the cloplate connected thereto, was also falling (hereinafter “instant accident”).

C. The Plaintiff suffered injury, such as pressure pressure pressure, sloping revolving slopings, etc., due to the instant accident.

2. Assertion and determination

A. The plaintiff's assertion that the defendant concluded a labor contract directly with the plaintiff, and thus, the defendant is liable.

In addition, the defendant is liable as a contractor or general illegal act because he did not conduct safety education at the construction site of this case, provided protective outfits, supervised and supervised the construction of this case, and failed to properly supervise B's contact omission.

B. (1) There is no evidence to acknowledge that the Defendant employed the Plaintiff.

Rather, the plaintiff seems to be the employee of the Bolim corporation who received the re-subcontract from the same-sex industry.

(2) A contractor shall be awarded a contract.

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