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1. Defendant C’s KRW 19,687,208 and the said money to the Plaintiff are 5% per annum from July 18, 2016 to May 16, 2018.
Reasons
1. Occurrence of liability for damages;
A. On May 2, 2016, Defendant B entered into a remodeling contract (the name of the spouse) with Nonparty D (E representative) in order to remodel his/her own house. (2) On July 2, 2016, the Plaintiff contracted the Defendant B, who was introduced by Nonparty D around July 2, 2016, for the maintenance and packing of Mail, fences, fences, and other surrounding rearrangement (hereinafter “the instant construction”).
3) Defendant C employed 3-4 figures, including the Plaintiff, from July 12, 2016 to work from around July 18, 2016, and ordered the Plaintiff to remove large-scale trees with the roof of the worn-out warehouse building on July 18, 2016. (4) The Plaintiff continued to remove large-scale trees in a warehouse at around 3 p.m., and turned down the roof and cut down to the ground.
(hereinafter referred to as the "accident". The plaintiff suffered injury on the left-hand alleys of the above accident (a combination ververververververververververververververs, dversversversversversversver
[Ground of recognition] Facts without dispute, Gap 1, 5, 8, Eul 2, 3, and 5, fact-finding inquiry to the Labor Welfare Corporation of this court, witness Eul's testimony (only defendant C), and the purport of the whole pleadings
B. The basis for liability for damages or an employment relationship is a so-called continuous claim relationship, which is based on personal trust relationship. As such, an employer bears the duty of an employee to faithfully provide labor in an employment contract in accordance with the principle of good faith, by providing an employee with a pleasant working environment, such as devising necessary measures to prevent the employee from suffering any loss in performing his/her duty, in addition to his/her duty to pay remuneration to the employee.
(See Supreme Court Decision 95Da39533 delivered on February 10, 1998). According to the above facts of recognition, Defendant C bears the duty of protection or safety consideration for the Plaintiff as a person who employs the Plaintiff. The instant accident is the Plaintiff.