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(영문) 서울고등법원 2016.06.24 2015나2059472

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The relationship between the parties (1) The defendant is a company aimed at manufacturing, wholesale and retailing, importing and exporting pet feed.

(2) On July 15, 2013, the Plaintiff, as a shipbuilding yard of Chinese nationality, worked as an employee of the Defendant and took charge of the work of crushing animal feed necessary for manufacturing animal feed.

B. The structure and work process of the crushing machine (1) The Plaintiff’s scraper used for the crushing work (hereinafter “the instant crushing machine”) consists of lifts (the place where raw material meat is put in inside the crushing machine), robry (the place where primary raw material meat is cut in one-lane), rupture scrap (the place where primary raw material meat is transferred in the secondary rupture), rupture rupture (the place where secondary rupture and rupture raw material meat is cut in the secondary rupture), etc.

(2) The instant crushing machine is operated in the structure where the operator puts the freezing raw material meat into the entrance of the crushing machine by placing it on the melting machine, with the height of the cliff in accordance with the other part of the cliff (which consists of a loger and a screen at the bottom of the upper part), and the ciff is cut off through the ciffr, and the lids are installed in the other part of the ciff.

C. Around 08:50 on September 10, 2013, the Plaintiff was trying to open a lid in the part other than the instant crushing machine and remove the remaining solid wastes from a lush hand while working on the part other than the instant crushing machine, and the Plaintiff was injured by the Defendant’s hand on the part other than the said machine (at the time of the accident, the Plaintiff was faced with her hand in the order of face-to-faces, wall-to-faces, and the remainder of the wall was sealed, and then his hand was fasted on the lower part, and then his hand was cut off with the upper part of the upper part) and the part on the right side and the part on the front part.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, 7, and 11, Eul evidence Nos. 2-1 through 8, 4-1, and 4-2, and the purport of the whole pleadings, images, and arguments.

2. Whether liability for damages arises;

(a)a party’s assertion;