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(영문) 청주지방법원 2021.01.13 2019가단26373
손해배상(산)
Text

The defendant shall pay 85,583,630 won to the plaintiff and 5% per annum from April 13, 2017 to January 13, 2021, and the next day.

Reasons

1. Basic facts

A. The Defendant was awarded a contract for the construction of new apartment units in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and subcontracted the construction of mining pumps to D among them.

The Co., Ltd. directly manufactured and installed the main body and the safety rail from among the mine pumps, and re-subcontracted the manufacturing and installation portion of the fall prevention system to E, and among them, he re-subcontracted the construction work of the fall prevention system to the F.

B. Around 08:40 on April 13, 2017, the Plaintiff, a worker affiliated with the F Co., Ltd., was conducting re-inspection of the fall prevention system on the top of the top of the outer wall of the apartment building of this case, which was in the construction of the new construction project of this case, and fell from the front part of the apartment building to the front part of the apartment, and then fell into the floor below 7.5m while moving from the front part of the apartment to the front part of the apartment house. Accordingly, the Plaintiff suffered from injury, such as a minculization cutting, a 1-time emitting emulculation, and an excessive activity.

On the back side of the apartment building, which is the place of the instant accident, the front side of the apartment building was not installed with a safety rail (safety rail) that can be seen as safety at the time of moving.

(c)

From April 13, 2017 to June 5, 2018, the Plaintiff was hospitalized and treated as outpatients. Under the Industrial Accident Compensation Insurance Act, the Plaintiff received from the Labor Welfare Corporation the amount of KRW 54,279,420, disability benefits (Lump-sum payment), KRW 72,510,90, and KRW 22,365,950, respectively.

[Ground of recognition] Unsatisfy facts, Gap evidence 5 to 8 (including branch numbers), and the result of this court's factual inquiry into the head of the Chungcheong branch office of the Labor Welfare Corporation, the result of the defendant's personal inquiry, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts and evidence as seen earlier, the Defendant, among the new apartment construction works in this case, subcontracted the manufacture of pit pumps (including the construction of a fall prevention system) among the new apartment construction works, is a business operator who performs the apartment construction works he has contracted, and as well as his employees, takes preventive measures against industrial accidents at the construction site.

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