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(영문) 서울중앙지방법원 2016.02.16 2013가단5155753
손해배상(산)
Text

1. The Defendant’s KRW 116,121,519 as well as the Plaintiff’s annual rate of 5% from October 4, 2011 to February 16, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant contracted for the new construction of the Gangnam-gu Seoul Building with C, and on June 19, 2010, Samsung T&A Co., Ltd (hereinafter “T&A”) on June 19, 2010

(2) The first construction period was changed on November 30, 201, according to the design change, the construction period was changed on September 30, 201, and the second construction period was changed on December 31, 201 after the following accident. 2) Samsung C&A re-subcontracted the installation work on Echina Co., Ltd on the part of Echina, and the Plaintiff performed the heating and cooling work at the construction site.

3) A heating and cooling apparatus was installed in the ceiling of each floor of the above construction site, and only the 2nd floor was not equipped with the Defendant’s temporary construction site office due to difficulties in performing the installation work. D, an employee of the Defendant, demanded that he proceed with the installation work of the second floor heating and cooling in the state where the field office is located. (4) On October 4, 201, the Plaintiff was listed in the Defendant’s field office sand position panel to perform the installation work of heating and cooling equipment on the 2nd floor, but the panel, which was not fixed, fell below 3 meters.

(5) The Plaintiff received the first diagnosis of the Mali-Manbro and the Mali-Madro base in charge of the right, but the treatment gradually aggravated and the treatment led to the diagnosis of the composite Madio-Madio-Madio-Madio-Madio (hereinafter “the instant accident”). 6) The Plaintiff received 36,036,30 won for temporary layoff benefits, medical care benefits 6,971,620 won for the instant accident, and disability benefits 29,161,740 won from the Korea Workers’ Compensation and Welfare Service on the ground that the instant accident was an industrial accident.

Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 4, 5, 9 through 13, Eul evidence 1, witness E, F, and the purport of the whole pleadings.

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