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(영문) 대전지방법원 2019.08.08 2018가단226050
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 28,475,90, KRW 17,317,267 and each of the above amounts to Plaintiff B, C, D, and E.

Reasons

1. Facts of recognition;

A. Defendant F is the user of the network I (hereinafter “the network”) who operates the “H” in Daejeon Dong-gu, Daejeon, and Defendant G is the person who contracts construction machinery and sells construction machinery to the mobile strawers (J 4.5 tons; hereinafter “instant strawers”).

B. Around March 3, 2018, Defendant F borrowed the instant tea from G for its work after being awarded a contract for the rooftop waterproof construction of the Dong-gu L building and the waterproof construction of the outer wall of the building in Daejeon-gu L building.

C. around 08:08 on March 8, 2018, Defendant F: (a) performed the work of removing the water tank of the instant building using the instant straw, and (b) the Deceased integrated the water tank with a weight of 70km from the rooftop to the sprinkler, connecting the instant strings, and Defendant G: (c) caused the deceased, who was skeing the water tank while operating the instant strings; (d) thereby, the deceased fell down on the floor below 13 meters and died from cerebrs, etc. on the same day.

(hereinafter “instant accident”). D.

At the time of the accident of this case, there was no salvata on the surface of the water tank, which is likely to walk the salvator, and thus, the salvous work was carried out using the salvatort.

In addition, the signal number sent the signal to the clers was not separately posted, and the rooftop was not installed in the roof part, and the safety belt or the safety cap was not paid to the deceased.

E. After the instant accident, Defendant F was prosecuted for committing the crime of occupational injury, death, and violation of the Occupational Safety and Health Act, and was sentenced to a two-year suspended sentence on October 26, 2018 (Seoul District Court 2018Dadan2418), and the judgment became final and conclusive as it is.

F. The deceased’s heir is the Plaintiff B, C, D, and E, whose spouse is the deceased’s spouse.

[Grounds for recognition] Gap evidence 1, 2, 4, 5, Eul evidence 2, Eul evidence 4-1, 2, Eul evidence 4-2.

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