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(영문) 춘천지방법원영월지원 2020.01.08 2018가단10970

손해배상(산)

Text

1. The Defendant’s KRW 84,83,296 for the Plaintiff and KRW 5% per annum from February 13, 2017 to January 8, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an employee of the Defendant’s Young-gu Branch, who is in charge of the joint prevention and removal affairs and the attachment of a mark in Song-do.

On February 13, 2017, the Plaintiff was subject to the Plaintiff’s left-hand bridge while the Plaintiff was engaged in the work of attaching a ear tag to prevent livestock death in a farming household located in Gangseo-gu, Gangwon-gu, Gangwon-do. (hereinafter “instant accident”).

As a result, the plaintiff suffered an injury to the left-hand sloping, the top-hand shotle, the side shotle on the left-hand shotle, the side shotle on the left-hand shotle, and the side shotle on the left-hand shotle.

B. The Plaintiff received hospital treatment for 44 days from February 14, 2017 to March 29, 2017 at D Hospital. On February 23, 2017, the Plaintiff received hospital treatment for 44 days. On February 23, 2017, the Plaintiff received hospital treatment for satisfying satfying to the left satfy, internal side satum satfying and external half-month, and received hospital treatment by October 18, 2017.

The Plaintiff received, respectively, KRW 7,2146,40 of temporary layoff benefits by November 17, 2017 (inward 44 days, 204 days), medical care benefits6,105,910, and disability benefits by November 17, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 8, 10, Eul evidence Nos. 2, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the establishment of liability for damages

A. According to the above facts, the plaintiff suffered the accident of this case in the situation where the plaintiff did not take specific safety measures upon receiving work instructions from the defendant. Thus, it is reasonable to deem that the accident of this case occurred as a result of the defendant, the employer, violated the duty of safety care for the plaintiff. Thus, the defendant is liable to compensate the plaintiff for damages due to the non-performance of obligation or tort.

B. However, in full view of the above evidence and the purport of the entire arguments, the plaintiff as the plaintiff did so in the course of earing work.