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(영문) 창원지방법원 2020.02.14 2018가단114573
손해배상(산)
Text

1. Defendant C’s KRW 184,866,754 as well as 5% per annum from September 2, 2016 to February 14, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was affiliated with a wooden team at the construction site of the 3rd floor E commercial building in Yangsan-si, the owner of the building (hereinafter “instant building”).

Defendant C is a person awarded a contract with Defendant B for the construction of the instant building, and Defendant D is a person who is called the “head of the team” at the site of the instant construction, and was given a direction of the business of a wooden team.

B. On September 1, 2016, at around 07:00, the Plaintiff: (a) felled into one floor, such as a scambling house, by cutting a scambre in order to remove a scambre at the construction site of the third floor of the instant building; (b) fell from the scambre, and was left unattended for four hours; (c) was discovered at around 11:0, and was transferred to the hospital for medical treatment; (d) was eventually suffered obstacles to the scambre on both sides due to the scambre and the scambre damage between 6/7 of the 3rd floor of the instant building.

(hereinafter referred to as “instant accident”). C.

At the time, the Plaintiff did not wear safety equipment, such as safety appearance and safety height. At the construction site of the instant building, there was no safety device to prevent the fall of workers, such as safety nets and devices with safety height, and there was no number of safety managers or safety personnel.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Eul evidence 1 to Eul (which include numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff’s assertion by the parties is the owner of the instant building construction. As such, Defendant B is an employer under the Occupational Safety and Health Act pursuant to Article 23(3) of the said Act. Defendant C was awarded a contract from Defendant B to Defendant D for part of the construction of the instant building, and the part of the construction of the instant building was awarded a contract from Defendant B to Defendant D, and was engaged in the same work as Defendant D within the instant building after the contract. As such, Defendant D directly employs the Plaintiff.

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