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(영문) 서울북부지방법원 2018.10.04 2018가단118203
구상금
Text

1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 28, 2017 to October 4, 2018.

Reasons

1. Facts of recognition;

가. 원고는 토목건축공사업 등을 목적으로 설립된 회사로, B 주식회사로부터 파주시 C 소재 D골프장 조성공사를 도급받은 후, 2012. 10.경부터 위 공사를 시작하였다.

B. On June 16, 2014, the Plaintiff subcontracted the instant construction work for piling up the access road (hereinafter referred to as “instant construction”) to the Defendant, who performed a refrating construction, etc. using a refratator with the trade name “E”.

C. On the basis of a stone shed constructed by the Plaintiff, the instant construction work: (a) designated a location where F, as a signal signal number, he saw the Defendant as a receiver; (b) he gets up a stone by driving the Backer; and (c) thereafter, the F was carried out in a way that he gets up a stone to correct the tin shape by means of watering operations; (d) the Plaintiff separately employed daily workers and supported F’s work while carrying a hole or a gap between the stones that occurred during the said sudden storage process.

On the other hand, the Defendant received the design drawing for the access road, not the design drawing or specifications, from the Plaintiff and carried out the instant construction work. The Plaintiff’s employees visited the above construction site at least 5,6 times a day to verify the construction progress, and conducted a survey, and conducted an order or request to the Defendant for work, and conducted a survey, and demanded the Defendant to promptly complete the construction work by extending the working hours. The F provided labor under the specific and individual direction and supervision that the Defendant issues in accordance with the above direction or request.

E. At around 07:20 on July 23, 2014, F was examined on the site of the instant construction site prior to commencing a stone storage work, due to the strength of 20 meters in length and 10 meters in height, F fell down below the lower level as part of the said axis was collapsed. During that process, chest parts are faced with a stone.

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