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(영문) 수원지방법원평택지원 2016.04.22 2014가단2100

손해배상

Text

1. The Defendant’s KRW 13,00,000 as well as 5% per annum from February 26, 2014 to April 22, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. In the construction site, the Plaintiff is an employee who works as a day-to-day tree in the construction site, and the Defendant Company is a corporation established for the purpose of the construction business, etc. (2) From August 20, 2012, the Plaintiff was employed as a day-to-day tree in the third floor construction site located in Pyeongtaek-si located in the middle-to-date of the Defendant Company’s construction site (hereinafter “the construction site of this case”). On August 29, 2012, around August 29, 2012, the Plaintiff was suffering from injuries, such as a water dyke and math, etc., during the construction site of this case where the dyp-to-sp pumps was laid down on the 2-meter water pumps, and caused injuries to the right side of the instant construction site.

(hereinafter referred to as “instant accident”). . [Grounds for recognition] . [The parties are not interested in the instant accident] The entry of Gap’s evidence Nos. 1 through 3, 5, and 9, the witness B’s testimony, and the purport of the whole pleadings.

B. According to the above facts and the evidence revealed earlier, the Defendant Company was negligent in failing to perform its duty of care to prevent safety accidents through installation, inspection, safety education, etc. of safety equipment to prevent the fall of workers. Thus, the Defendant Company is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. Limitation of liability: (a) the Plaintiff’s negligence, which failed to implement the safety rules properly, appears to have caused the occurrence and expansion of damages caused by the instant accident; (b) thus, the Defendant company’s liability is limited to 70% in consideration of the aforementioned circumstances.

2. Scope of damages.

A. The Plaintiff is seeking the amount of lost income from November 21, 2012, which is the following day of the hospitalization period, while the amount of lost income during the hospitalization period was sufficiently compensated for losses by receiving temporary layoff benefits.

1) Gender (A) gender: The date of birth of a male: 46 years of age at the time of the accident: The expected life of April: 3.63 years of age from August 29, 2012, which was the date of the accident.