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(영문) 서울동부지방법원 2016.06.02 2014가단52361
손해배상(산)
Text

1. The Defendant’s 36,348,747 won, respectively, and 5% per annum from April 17, 2014 to June 2, 2016, respectively, to the Plaintiffs.

Reasons

1. The following facts do not conflict between the Parties:

On April 10, 2014, the network C (hereinafter referred to as “the network”) was employed by the Defendant as a hydrotensiondry engineer on the site of “top construction and appurtenant construction among the D9 holes Construction Works,” where the Defendant was receiving a supply of a loan from the Busan T&C Co., Ltd.

Around 07:40 on April 17, 2014, the Deceased was operating a tent (E) at the construction site at the construction site of the said construction site, and was performing a astronomical work at the base. However, the Deceased was killed due to low-blood shock, etc. around 10:19 on April 17, 2014, when the body was laid down between the air with a tent and the ground (hereinafter “instant accident”). Around 10:19, the Deceased died due to low-blood shock.

2. Occurrence of and limitation on liability;

A. Comprehensively taking account of each statement in evidence evidence Nos. 13 through 15, 17 through 19, and 23, F, the head of the job site of the defendant, is the person in charge of safety and health management who manages safety and health affairs for workers at the above construction site and the leading of construction machinery for the vehicle system. However, F, at a place where a slope is serious and the floor is a studio with a low-proof base, while allowing the deceased to perform the work using the above ceiling air, it did not induce the deceased to safely use the ceiling air, and did not take any measures to prevent the air flow of the ceiling, such as not only leading the deceased to a safe operation of the ceiling air, and it is recognized that the defendant is liable as an employer for tort due to the above breach of the F's duty of care.

B. It is reasonable to limit the Defendant’s liability to 65% by taking into account all the circumstances revealed in the pleadings of this case, including the fact that the Deceased did not confirm the rear side while operating a astronomical machine properly.

3. A period for calculating the scope of compensation for damage shall be calculated on a monthly basis in principle, but shall be the last one.

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