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(영문) 수원지방법원 2018.05.31 2016가단803520

손해배상(산)

Text

1. The Defendant: KRW 87,806,222 to the Plaintiff and the Plaintiff’s 5% per annum from October 5, 2015 to May 31, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, a Korean national of the People’s Republic of China, is a Korean national residing in the Republic of China on December 23, 2016 (F4 on December 21, 2019) and is staying in the Republic of Korea. The Defendant is a Korean national residing in the Republic of China on December 23, 2016.

B. On October 5, 2015, around 14:30 on October 14:30, 2015, at D’s place of business located in Haan-gun, Haan-gun, the Plaintiff, alone, was involved in the act of moving the steel products to be melted, such as steel plates and sn beam beam beam beam lines, by using strings fixed to strings (hereinafter “the instant accident”). As a result, the Plaintiff suffered from the injury, such as cutting the steel frame and slopings to the right upper frame, the right upper frame and slopings, the right upper frame, the right side 4, 5 double snick aggregate, the right side sniffing snife, the right side snife, the right side snife damage, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 13 (including branch numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim for damages

A. In the event that the defendant, as an employer, is obliged to conduct dangerous business dealing with scrap materials which are heavy objects, he shall provide sufficient safety education to prevent safety accidents, shall be equipped with usage manuals classified by type of work (the size, shape, etc. of loaded objects). It is reasonable to deem that the accident in this case occurred as a result of neglect of such duty of care despite the fact that there was a duty of care to take safety measures such as having two or more persons perform work while maintaining centering on the weight of scrap materials subject to work. Thus, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident in this case.

(b) limitation of liability, provided that the Plaintiff is also equipped with safety equipment on its own or on its work with high risk of accidents.