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1. The defendant shall grant the plaintiff A KRW 52,02,281, KRW 1,752,354, and KRW 1,00,00 to the plaintiff C, and each of them.
Reasons
1. Basic facts
A. The Defendant is a corporation that received a contract for the construction of the D building in Yangsan City from Construction Co., Ltd. (hereinafter “EN Construction”), and EN Construction Co., Ltd. (hereinafter “EN Construction”) is a corporation that subcontracted the said new construction works with the Defendant, and the Plaintiff A worked as an employee affiliated with EN Construction at the construction site of this case as an employee affiliated with EN Construction.
B. On October 23, 2015, around 08:00, Plaintiff A completed the steel bars work for the installation of a retaining wall of the first floor among the instant construction, and there was an accident (hereinafter “instant accident”) falling below the ground below 3 meters since it was cut out from the mobile mold strings assembled with two parts.
C. In the instant accident, Plaintiff A suffered bodily injury, such as the pellet in the right-side joints, the right-side subdivision, and the pelvise. D.
Plaintiff
B is the mother of Plaintiff A, and Plaintiff C is the person of Plaintiff A.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, and 10 evidence (if there are tentative numbers, including branch numbers; hereinafter the same shall apply)
2. Occurrence of liability for damages;
A. The plaintiffs' assertion A is a worker employed by the defendant or was in a labor contract relationship under the direct direction and supervision of the work by the defendant, and thus, the defendant is liable to compensate for damages caused by the accident of this case. Even if the defendant is not in a family employer, he is liable to compensate for damages caused by the accident of this case as a contractor, since he is liable to compensate for damages caused by the accident of this case.
B. In light of the following: (a) whether the Plaintiff A is a worker or a labor contract employee employed by the Defendant; (b) the written evidence No. 10-2 and No. 3; and (c) the witness E’s testimony, etc., the evidence submitted by the Plaintiffs alone is insufficient to recognize that the Plaintiff A is a worker or a labor contract with the Defendant.