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(영문) 서울중앙지방법원 2020.08.19 2017가단5214773
손해배상(산)
Text

1. The Defendants jointly share KRW 21,446,755 with respect to the Plaintiff and 5% per annum from November 22, 2016 to August 19, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts subsequent to the facts of recognition are either in dispute between the parties or in full view of the entries in Gap evidence 1-1, 3, and 7 and the purport of the whole pleadings.

1) On November 22, 2016, the Plaintiff’s construction work D Apartment City around 14:30 on November 22, 2016 (hereinafter “instant construction work”).

)의 공사현장에서 작업반장으로부터 건네받은 작업용 로프와 보조로프를 달비계에 결속한 다음 그 작업대에 타고 외벽 견출작업을 하게 되었는데, 위 작업용 로프의 길이가 충분하지 않음에 따라 3층 높이(약 6미터) 부근에서 작업대가 작업용 로프에서 빠졌고, 보조로프에 결속된 로립(추락방지장치)도 작동하지 않아 지상으로 추락하여 엉덩방아를 찧게 되었다(이하 ‘이 사건 사고’라 한다

2) The safety personnel at the construction site of this case discovered that the Plaintiff was under work in the vicinity of the fifth floor and sound the Plaintiff, but did not instruct the Plaintiff to suspend work.

3) In the event that a company takes advantage of the bridge for the opening of the outer wall of a building, the log and auxiliary logs for the work shall be the length to contact the floor, and they shall be prevented from falling. 4) Defendant C Co., Ltd. (hereinafter “C”) is the contractor of the instant construction project, who is the Plaintiff’s employer, and Defendant B Co., Ltd (hereinafter “B”) is the contractor of the instant construction project, and was a contractor of the instant construction project, and specifically directed and supervised the work of the Plaintiff et al.’s employees at the construction site.

B. According to the above facts of recognition of liability, the accident of this case is to allow the Plaintiff to use the accident without sufficiently checking the length of the log, safety of the log, etc. for work of Defendant C and Defendant B, who is the actual employer, and immediately suspend work, even if it is confirmed that the length of the log for work is short.

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