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(영문) 수원지방법원여주지원 2016.07.19 2015가단22030
구상금
Text

1. The Defendant’s KRW 13,246,191 as well as 5% per annum from January 1, 2015 to July 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. In the river basin farming cooperative awarded a contract to the Plaintiff for the construction of a new neighborhood living facility located in Gangwon-gun B (hereinafter “new construction of this case”).

B. On October 12, 2010, the Plaintiff subcontracted to the Defendant, who operates C, the instant new construction works, the steel frame, the sand position plate, and the construction works for the production and installation of a window, among the instant new construction works.

(However, the defendant prepared a contract in the name of D).

The Defendant re-subcontracted the construction work of the sand site location panel (hereinafter referred to as the “instant panel construction work”) among the above construction works subcontracted by the Plaintiff to the F who operates E.

The F had employed G on November 16, 2010, who was employed by a daily worker, and performed the instant panel work from November 16, 2010.

E. On November 21, 2010, H et al., who was employed with G and carried out the instant panel construction, demanded F to “F to cancel it as it is difficult to do so because it is difficult to do the instant panel construction with wind.”

F accepted this and canceled Lesin work.

F. G and H et al. integrated the sand position panel on wire ropes with a roof. On November 21, 2010, at around 13:40, G and H et al.: (a) caused an accident in which G were crashed from the roof of the instant panel’s construction site to the face of G by the wind (hereinafter “the wind”). As G was crashed from the roof at a height of 3 meters, thereby causing injury to both sides, such as blood transfusions, double bones boness, and the right side frameworks (hereinafter “instant accident”).

G. In the instant accident place, there was no facility installed to prevent the fall of the instant accident, such as a rain gauge, safety belt, safety watch, and safety watch net.

G Workers including G did not require safety equipment such as safety belts while executing the instant panel construction. The reason was that the construction site was less than 3 meters above ground.

H. G is an accident of this case against the Plaintiff as the Chuncheon District Court 2013Gadan3128.

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