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1. The Defendant’s KRW 261,895,529 as well as 5% per annum from September 12, 2019 to February 6, 2020 as to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 28, 2014, the Plaintiff entered into and performed the instant construction contract. On April 28, 2014, the Plaintiff (mutual name was changed from C to B and A to B and A.
(E) “F Project” (hereinafter referred to as “the instant construction”) with respect to the maintenance of roads adjacent to the Chungcheong Budget-gun D, the creation of multi-purpose squares, the maintenance of rivers (E), etc.
(2) On April 30, 2014, the Defendant started the instant construction project and installed a concrete wall at a height of about 3.2 meters from the river floor to the road by cutting down the place in which the road and the river were completely cut vertically, and around May 2015, the Defendant installed a drum according to most of the roads, but installed a drum in order to prevent safety accidents that fall into a river, and installed approximately 4.4 meters from the part adjacent to the road and G (hereinafter “accident site”) in a section of approximately 4.4 meters from the part adjacent to the road and G (hereinafter “the instant accident site”), after the completion of the construction work of agricultural water pipes executed by another construction business operator, laid down two or three plastic drums at approximately 1m at intervals.
B. Around 21:30 on June 27, 2016, H, who had resided near the instant construction site, fell down below the riverside at a height of about 3.2 meters, where the instant accident occurred due to a cresh that had not been installed by a drum while putting a road around the instant construction site.
(hereinafter referred to as “instant accident”). H suffered injury, such as damage to the number of light-waters requiring medical treatment for about 32 weeks due to the instant accident, drhetorical slaf, etc.
C. 1) After the instant accident, H filed a complaint against the Defendant, the Director I at the scene of the instant accident, the supervisor of the instant construction work who belongs to the Plaintiff, and the head of the Plaintiff with the Chungcheong Budget Police Station. The public prosecutor of the Daejeon District Public Prosecutors’ Office (Seoul District Public Prosecutors’ Office) brought a non-prosecution of I and J on June 21, 2017, and issued a disposition dismissing the complaint against the Defendant and the Plaintiff Gun (No. 10371, 2016).