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(영문) 의정부지방법원 고양지원 2017.02.15 2015가단75653

손해배상(산)

Text

1. On November 1, 2016, the Defendant: (a) filed against Plaintiff A KRW 425,202,100; (b) KRW 5,00,000; and (c) filed against Plaintiff B, C, and D, respectively.

Reasons

1. Facts of recognition;

A. On December 18, 2011, Plaintiff A entered into an employment contract with the Defendant during the term of labor from December 19, 2011 to March 31, 2012, setting the period of labor, and worked in the “Hawon” skiing ground located in the Gangwon-gun operated by the Defendant.

Plaintiff

A was placed on the platform of the difficult-fluor, and was in charge of cleaning inside the difficult-fluor, checking the lost articles, and customer guidance.

B. On February 15, 2012, Plaintiff A was on board the platform to check lost articles, etc., and he was to start the automatic door before opening the platform. However, the Plaintiff A started to close the automatic door, and attempted to cut down the automatic door by force by inserting hand between both automatic text, and then falling down under the lower part of the difficulty.

Without the stop of the above difficulties, the automatic door was closed at a slow speed, and the platform was completely closed before getting out of the platform, and was operated in a manner that deviates from the platform, and Plaintiff A fell into the ground floor below approximately 5 meters following the platform at the time of the fall.

Plaintiff

A has suffered damage to water and sacrines due to the accidents above.

C. Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the advisers of Plaintiff A.

[Ground of recognition] The statement Nos. 1 through 3, 5, Eul evidence Nos. 6, Eul evidence Nos. 6, the result of this court's commission of physical examination to the Director of the Medical Center of Korea National Medical Center, the purport of the whole pleadings

2. An internal cleaning work, etc. shall be conducted in light of the characteristics of the difficulty in continuing to proceed without suspending the occurrence of liability for damages;

In this case, it is difficult to find it difficult for a worker to attempt to get off the automatic door by forcing the automatic door due to yellow dust.

Therefore, the defendant was placed on the platform workers such as the plaintiff A, with the characteristics of the difficulty, the duty to pay attention to the difficulty platform work, and in particular, the above time.