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(영문) 서울중앙지방법원 2015.12.17 2014가단5313129

손해배상(산)

Text

1. The Defendant’s KRW 13,065,447 as well as 5% per annum from December 22, 2012 to December 17, 2015 to the Plaintiff.

Reasons

1. The Defendant is engaged in a non-metallic recycling material processing business under the trade name of “C”, and the Plaintiff has been employed by the Defendant from January 31, 201 to transport the sti pumps, etc. to C business place by loading them into the cargo vehicle.

On December 22, 2012, at around 09:50, the Plaintiff loaded the strokes discarded after the Sejong Culture Center (hereinafter “instant accident”) with the Defendant’s possession of D 4.5 tons of cargo, and subsequently, the Plaintiff suffered injury, such as the erokes on the front side of the loading to cover the strokes by carrying the strokes in custody of the front part of the loading, taking the strokes on the front side of the loading box in order to cover the strokes, taking the strokes on the front side of the loading box, putting the strokes on the strokes, leaving the strokes on the roof of the cargo, and fall into the ground (hereinafter “the instant accident”). Accordingly, the Plaintiff suffered injury, such as the erokes on the right side, the right side erokes, and the erokes

At the time of the instant accident, the Plaintiff carried out the mixed work on the cargo loaded, and on the other hand, the Defendant did not provide the Plaintiff with special safety education regarding the work.

[Evidence] Evidence Nos. 1, 3, and 18, and the purport of the whole pleadings

2. The Defendant’s defense to the effect that the Plaintiff received the agreement from the Defendant in relation to the instant accident, and agreed to file a lawsuit against the Plaintiff. However, there is no evidence to acknowledge this (According to the statement No. 1-2 of the evidence No. 1-1 and No. 2, it can be recognized that the Plaintiff filed a petition with the Seoul Regional Employment and Labor Agency regarding the delayed payment of wages, such as the Defendant’s retirement pay, and that the Plaintiff agreed with the Defendant on April 17, 2014, and agreed not to file a civil or criminal objection against the issue of the delayed payment of wages). The Defendant’s defense cannot be accepted.

3. Judgment on the merits

A. According to the facts established as the basis for the first liability for damages, the Plaintiff’s net to load and fix the cargo pumps above the cargo loaded onto a cargo vehicle.