(영문) 서울중앙지방법원 2018.10.26 2017가단5124160

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(영문) 서울중앙지방법원 2018.10.26 2017가단5124160

손해배상(산)

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1. The Defendant’s KRW 15,645,923 as well as the Plaintiff’s annual rate from April 5, 2014 to October 26, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is a roof construction business entity, and is a multi-family house adjacent to the building D in Jongno-gu Seoul Metropolitan Government (hereinafter “instant multi-family house”) from Samsung C around April 2014.

(2) On April 5, 2014, the Plaintiff, along with the Defendant and the Defendant’s father E, was employed by the Plaintiff at around 6.5 million won for the roof repair work, and then fell under the roof below the roof by setting up a waterproof site with respect to the roof of the instant detached house.

(3) In the instant accident, the Plaintiff suffered bodily injury, such as the cutting-out in the alleys of both sides, due to the instant accident. (4) The Defendant did not have the Plaintiff wear a safety belt or take other measures to prevent the fall risk.

B. The Defendant, as the Plaintiff’s employer, may sufficiently anticipate the risk of fall when executing waterproof construction works on the roof of the instant detached house. However, there was negligence by not having the Plaintiff wear protective outfits, such as safety belts, or not taking other measures to prevent the fall risk, and thereby, the instant accident occurred, the Defendant is liable to compensate the Plaintiff for the damages arising from the instant accident.

C. Limit of liability, however, the Plaintiff, while working on the roof of the instant detached house, has been negligent in not requiring safety belts and other protective outfits, and neglecting to work with due care so as not to lose balance.

The Plaintiff’s negligence also caused the occurrence of the instant accident and the expansion of damages, and thus, the Plaintiff’s fault ratio shall be 35% and the Defendant’s liability shall be limited to 65%.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The scope of liability for damages is as follows, and the period for the convenience of calculation shall be calculated on a monthly basis:

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