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1. The Defendant’s KRW 19,726,802 as well as the Plaintiff’s annual rate from May 11, 2017 to May 16, 2019, and the following.
Reasons
1. Facts of recognition;
A. The Defendant subcontracted the subordinate bridge construction to D Co., Ltd. (hereinafter “D”) during the construction site of Busan City, and at the time, the Defendant’s vice head E and the head of the Ban was dispatched to the site, and directly directed and supervised the construction site, such as working instruction, identifying the number of workers, and conducting safety inspections.
B. Around 09:00 on May 11, 2017, G used the sn beamline to select the sn beamline for each type of sn beam, which was placed on the floor while G operating the sn beam on the sn beam line by operating the sn beam at around 09:0 after the completion of construction by leasing the hn beam line owned by G, and the hn beam was 200 on the net side of the sn beam located on the ground of the sn beam, leading the above sn beam work within the radius of the sn beam line work at the time (hereinafter “instant accident”). As a result, the Plaintiff suffered injury, such as snives, snives, etc., such as the left sn beam.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 12, Eul evidence 1 and 5 (including each number), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the facts of recognition of liability, the defendant, as a contractor for original recipients and D, is obligated to provide guidance and support for safety and health management, such as a circuit inspection at the workplace, and safety and health education to the contractor's employees (Article 29 (2) 2 and 3 of the Occupational Safety and Health Act). In fact, the defendant's employees conducted direction and supervision of subordinate bridge construction performed by D. It is reasonable to deem that the accident in this case occurred due to negligence by failing to exercise the duty of care to consider the safety of workers by taking appropriate measures against accidents that may occur during the excavation work. Thus, the defendant is liable to compensate the plaintiff for damages caused by the above illegal act.
B. The evidence adopted under the limitation of liability and the purport of the entire pleadings are as follows.