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(영문) 창원지방법원 2017.07.28 2015가단75936
구상금
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 40,198,440, and 5% per annum from January 5, 2017 to July 28, 2017.

Reasons

1. Facts of recognition;

A. 1) As the representative of the “E”, D was awarded a contract from the “F” operated by Defendant B for the construction of the base of transmission tower among the “HH snow Construction Works” during the construction in G on the racing-si, and I entered into a contract for transporting D and construction materials to the said construction site. J is the site manager that Defendant B employed to manage and supervise the said construction site. 2) D and J ordered C to perform the loading and unloading work of 600 km, which had been transported by C from the said construction site on December 4, 2012. At that time, C did not have the qualification of the drilling driver to drive the digging machine, and at that time, it could not be used for the loading and unloading work of heavy objects, other than for the purpose of excavating the ground, etc.

3) While C was engaged in the operation of slve beam beaming in the cargo vehicle to slve the slves of the slves onto the slves, and loading and unloading the slves from the cargo vehicle at the time, C was charged with the slves of the I, slve beamed with the slve beam beamed with the slves of the I, thereby damaging the I’s slves to the floor

B. (1) Defendant B, C, D, and J were indicted for committing an offense against the Occupational Safety and Health Act (Industrial Safety and Health Act, No. 2014No. 86) in relation to the instant accident.

On December 10, 2015, the above court rendered a conviction against Defendant C, D, and J on the charge of violating the Occupational Safety and Health Act against Defendant B.

2) Defendant C, D, J, and Prosecutor filed an appeal with the Daegu District Court 2016No16,00,000. On October 28, 2016, the said appellate court dismissed both Defendant C, D, and J’s appeal, and rendered a judgment of conviction against Defendant B’s violation of the Occupational Safety and Health Act. 3) Defendant B, C, D, and J filed an appeal with the Supreme Court 2016Do18215, but received a judgment of dismissal of the appeal on March 30, 2017.

4. Meanwhile, I brought a lawsuit against Defendant B and D in this Court No. 2013da15673.

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