beta
(영문) 대전지방법원천안지원 2020.01.15 2018가단113184

손해배상(산)

Text

1. Defendant C’s KRW 27,020,231 as well as 5% per annum from November 12, 2015 to January 15, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an employee of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. On November 12, 2015, the Plaintiff: (a) boarded a transit bus after leaving the bus; (b) lowered the bus in front of the D Station E store; (c) lowered the bus to a F-type bus; and (d) moved to a provincial bus stop near the place of residence; and (c) moved to a Do newsletter.

C. At around 19:18 on the same day, Defendant C driven the passenger car G K5 on the same day, traveling along the two-lanes in front of the 218 male Tri-distance male Tri-si in the direction of H University from the direction of the J University, at a speed of 70km per hour, along the two-lanes in the direction of the H University, and found the Plaintiff, who was walking along the two-lane side of the above two-lanes of the above vehicle, late, and found the Plaintiff who was walking along the road on the side of the opposite side of the said two-lane road, and caused the Plaintiff to face the head, etc. by falling off the road on the surface of the said vehicle due to its shock.

(hereinafter “instant accident”). D.

The Plaintiff suffered bodily injury, such as 3, 4, 4, 3, 4, 5, 4, 5, 5, 5, 5, 5, 5, 5, 1, 1, 1, 1, 1, 2

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Gap 7-1, 2, 4, Eul 2-6 evidence, the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. The plaintiff, the cause of the claim, was transferred to a city bus at the time of retirement, and was forced to leave the place of the bus at the place of the bus stop. As such, the accident of this case was caused by the accident of this case while leaving the place of the bus by ordinary means, and thus, the accident of this case is related to the business.

Defendant Company was sufficiently able to predict the fact that the Plaintiff was retired from office in such a way as above, and the instant accident occurred due to the Defendant Company’s breach of its duty of safety consideration against the Plaintiff. Therefore, the Defendant Company is liable to compensate the Plaintiff for damages caused by the instant accident.

B. The judgment employer is an incidental duty under the good faith principle accompanying the labor contract.