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(영문) 서울중앙지방법원 2016.11.03 2015가단5084862
손해배상(기)
Text

1. The Defendant’s KRW 13,366,564 as well as the Plaintiff’s annual rate of KRW 5% from February 22, 2015 to November 3, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff, a trade name of “C, entered into a contract with the Defendant to collect and transport wastes at the Defendant’s work site Purch B (hereinafter “instant construction site”).

B. On February 22, 2015, while the Plaintiff was under the direction and supervision of the head of the Defendant’s Working Group D at the instant construction site and engaged in the work of transporting wastes, the Plaintiff was faced with an accident of shocking the head of the Plaintiff’s head on the third floor with the removal residues lowered.

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

D The plaintiff who was involved in an accident according to the direction of the defendant's on-site manager (the Minister of Public Affairs) was transferred to a hospital using a taxi, and the time of transfer was delayed in the process.

The Plaintiff suffered from the injury of traumad cryposis and two frameworks due to the instant accident, and from March 26, 2015 to March 26, 2015, and from April 4, 2015 to April 4, 2015.

5. By December 22, 200, he/she was hospitalized in each E hospital and received treatment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 17 (including additional numbers), witness D's testimony, the purport of the whole pleadings

2. According to the facts of the recognition of the liability for damages, the defendant is a contractor who is responsible for collecting and transporting wastes to the plaintiff at the site manager and the contractor who are working at the construction site of this case, and is obligated to take safety measures necessary to prevent the occurrence of danger by installing sufficient safety facilities and equipment in relation to all workers who work at the construction site of this case or the contractor's work, and by posting appropriate signal numbers in relation to dangerous work. If human life accidents occur, the defendant has the duty of care to transport the injured person to the hospital by using the fastest method, such as 119 report, etc. for the life and health of the worker who suffered the accident.

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