손해배상(산)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 30,088,783 as well as to the plaintiff on March 2012.
1. Basic facts
A. From January 1, 2012, the Plaintiff was employed by D, a manufacturer of parts of construction machinery operated by the Defendant, as a daily employee.
B. On March 28, 2012, the Plaintiff, at around 10:00, was engaged in melting works using a oxygen cutting machine at the workplace of the above D, and the Plaintiff suffered 3 degrees of pictures (9%) from 1000 to 200 to 2000 to 2000 to 200: (a) the processed dust generated in the course of rhyming other workers by using the rhym with the rhymar. using the rhumar.
B. At the time of the instant accident, the Defendant, despite being aware of the Plaintiff’s use of the oxygen cutting machine, neglected other workers to do rhythm operation at a place where it is not adequate at a distance to prevent danger.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case, since the defendant was found to have failed to take safety measures necessary for the prevention of the accident of this case as an employer and caused the accident of this case.
B. Limit of liability, however, the Plaintiff’s fault that did not take such measures despite having to secure the safety distance on its own while making a contact with a high risk of fire, shall be limited to 70% of the Defendant’s liability by taking this into account.
3. Except as otherwise stated below within the scope of liability for damages, the annexed table of liability calculation shall be as follows.
The calculation of the present price shall be in accordance with the Hofmanization discount method, and the period of less than a month and the amount of less than a won shall be discarded.
The Plaintiff’s average wage per day at the time of the instant accident, as the Plaintiff’s daily wage at the time of the instant accident, was KRW 105,598,82, and thus, the monthly average wage is three.