손해배상(기)
1. The Defendant’s KRW 67,966,514 as well as the Plaintiff’s KRW 5% per annum from July 10, 2014 to November 20, 2018.
1. (1) On July 10, 2014, the Plaintiff was subject to an accident of cutting down the floor of the second floor and falling down with the height of 3 to 4 meters in the process of finding goods to be delivered in order to deliver the household, etc. from the second floor warehouse of the Defendant Company under the instruction of the Defendant Company.
As a result, the plaintiff suffered injury of 12 weeks in transition to the name of ward, such as a chest pressure table and an escape certificate of conical signboards.
(2) The Plaintiff filed an application for approval of the medical care with the Korea Labor Welfare Corporation on the ground of the instant accident, but received a disposition of non-approval of the medical care on the ground that the employment relationship with the Defendant Company is not recognized, and the administrative litigation
[Ground of recognition] Facts without dispute, Gap evidence 2 through 6, 12 through 14, Eul evidence 9 (including provisional number, hereinafter the same), the purport of the whole pleadings
2. In light of the circumstances surrounding the instant accident prior to the gist of the Plaintiff’s assertion, the Defendant Company is liable to compensate the Plaintiff pursuant to Article 750 or 758 of the Civil Act.
Based on the following calculation factors, the defendant is obligated to pay 110,828,329 won to the plaintiff as damages.
(1) Daily income: 86,854,159 won (2,43,250 won per month income based on the unit wage for male rural day in the third quarter of March 2014, 32% of the monthly income, 30% of the previous five years in the Han market, and 16% of the maximum working age, 60 years of age), 200, 3,974,170 won, and 3: 20 million won.
3. According to the above facts, the accident of this case occurred due to defects in the floor of the second floor warehouse, which is a structure owned and possessed by the defendant, and therefore, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case pursuant to Article 758 of the Civil Code.
4. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and the period for the convenience of calculation shall be calculated on a monthly basis, but the last one shall be the same.