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(영문) 광주지방법원 2018.03.21 2016가단519015
손해배상(기)
Text

1. Defendant C’s 142,232,686 as well as 5% per annum from November 6, 2013 to March 21, 2018.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant B is a person who operates E in Gwangju Mine-gu. around October 2013, Defendant B awarded to Defendant C a contract for the repair work at the said factory site in the amount of KRW 27,000,000 of the construction work amount. Defendant B, while the said construction is underway, promised Defendant B to additionally contract the roof board repair and replacement work at the said plant site to Defendant C and pay additional construction amount.

3) On November 10, 2013, the Plaintiff: (a) around November 10, 2013, in order to repair and replace the roof board of the building belonging to the above additional construction; (b) taken a long roof board while carrying the roof board on the roof, and fell into the concrete floor below 6M as it is (hereinafter “the instant accident”).

3) The Plaintiff suffered injury, such as the Plaintiff’s blood satisfying, the left-hand satisfying, the upper-hand satisfying and the left-hand satisfying, the satisfying of the left-hand satfying, the satisfying of the left-hand satfying, and the upper-hand satfying of the satisfying. [The Plaintiff did not have any dispute over the recognition of the facts

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, Defendant C bears the duty of protection or safety consideration for the Plaintiff. The instant accident occurred due to the negligence of Defendant C, who did not install safety facilities (safety wire ropes, safety ropes) capable of preventing the fall accident.

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