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(영문) 서울고등법원 2015.06.26 2014나2029344
손해배상(기)
Text

1. The part against Defendant F in the judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial.

Reasons

1. Basic facts

A. On August 12, 2011, the Plaintiff: (a) died as a co-defendant of the first instance trial on September 23, 2014; and (b) took over a lawsuit at the trial, P, Q, R, S, and T, his heir at the trial; (c) in the trial, mediation was concluded on June 22, 2015 between the Plaintiff and the aforementioned litigation administrator; and (d) thereafter, leased a Class 1 neighborhood living facilities (retail stores) or 177 square meters of the building (hereinafter referred to as “instant building”) of the first-class neighborhood living facilities (retail stores) Nos. 1 and 177 square meters of the instant building, which are owned by B, from the Plaintiff and the foregoing litigation administrator at the trial, and used the instant building for the purpose of a warehouse of V discount store at the time of strike that the Plaintiff operates the instant building.

B. On April 26, 2012, Defendant C: (a) contracted to Defendant C the construction work of installing solar power plants on the roof of the Class II neighborhood living facilities (manufacturing Facility) No. 198 square meters of the Dong-dong-dong-gu Seoul Metropolitan City Hayang-gu Hayang-si, the B owned adjacent to the instant building; and (b) the construction work of installing solar power plants at KRW 108,90,000,000 for the construction work cost.

C. On August 24, 2012, Defendant C subcontracted to Defendant D the supply and installation of solar structures among the above installation works for solar power plants to KRW 90,000,000.

Defendant D re-subcontracted to 6,90,000 won for the cost of construction on solar structures during the installation of solar structures, on condition that Defendant D provided I with materials, such as solar cell boards, servers, and access teams, on the same day.

E. On September 24, 2012, I instructed Defendant F, a worker employed in office, to carry out the construction of a steel bridge for the inspection of solar power plants on a building in operation, and ordered Defendant F to carry out the construction of a steel bridge at the work site even if the above work is accompanied by a melting work at the work site.

바. 피고 F은 2012. 9. 24. 13:00경 가동 건물 지붕 위에서 용접 작업을 하였는데, 용접 작업 과정에서 튄 용접 불꽃으로 인하여 가동...

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