beta
(영문) 수원지방법원평택지원 2017.09.19 2015가단46466

손해배상(산)

Text

1. The Defendant’s KRW 35,445,420 as well as the Plaintiff’s annual rate of KRW 5% from December 13, 2012 to September 19, 2017.

Reasons

1. Facts of recognition;

A. On December 13, 2012, at around 08:30, the Plaintiff was in charge of vehicle maintenance work as an employee belonging to the Defendant, and around 08:30, there was an accident in which the Plaintiff, at the Defendant’s place of business located in Pyeongtaek-si route 1, would escape from the railing of the LPG gas cG. (hereinafter “the instant accident”).

B. As a result of the instant accident, the Plaintiff sustained three degrees of images, such as images, body boxes, heads, and trees, including 60% through 69% of the physical surface.

[Ground of Recognition] A without dispute, entry of evidence No. 2, the result of the Plaintiff’s personal examination, witness B’s testimony

2. The defendant asserts that the plaintiff's lawsuit in this case is unlawful since the judgment on the defendant's assertion of the non-appeal agreement was made with the plaintiff in relation to the accident in this case.

As to the fact that the Plaintiff and the Defendant agreed not to file the instant accident even if there was a dispute over the instant accident, the Defendant’s personal examination result alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, this part of the defendant's assertion is without merit.

(1) The Defendant’s personal examination result alone lacks to recognize the establishment of the evidence No. 18, and otherwise, there is no evidence to acknowledge the establishment of the evidence No. 18, and thus, it cannot be used as evidence, and the phrase “A” under the evidence No. 18 may not be interpreted as the partial lawsuit agreement regarding the instant accident. 3. Liability for damages

A. As incidental obligations under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, as incidental obligations under the good faith principle accompanying the labor contract, and such obligation