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(영문) 서울동부지방법원 2018.11.15 2017가단143329

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, who runs waste collection business in Namyang-si, has employed and worked as a daily worker through E human resources office. On June 24, 2015, the network F, who received the introduction of E human resources office around 7:30, has been the Defendant’s office.

B. The Defendant, as the Deceased did not perform his duties because he was under the influence of alcohol, requested the Deceased to send another person to the E Manpower Office.

C. After that, the Defendant was going out, and the G workers who worked as the deceased did not enter the office of the deceased, and the deceased sleep into the office of the deceased.

As the Defendant returned to the 11:30 minutes of office, the Deceased was living together on the floor of the office, and the president of the E Manpower Office, on behalf of the Deceased, the Deceased was called the Deceased, and the Defendant, I, and H did not take place due to the shoulder of the Deceased, even though the said I did not look at the Defendant, I, and H, and sent alcohol, regardless of the fact that the said I would "the Defendant."

The defendant, etc. opened the door of the office and laid the wind door out of the office.

E. After that, the Defendant and H found the death of the Deceased as the office around 13:00 on June 24, 2015.

G. As a result of the deceased’s autopsy, the cause of death was found to be “ chronic alcohol addiction accompanied by livers”.

H. The mother inherited all the Deceased, but died on November 6, 2016, and the Plaintiffs jointly succeeded to J.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The Defendant alleged the Plaintiffs as the employer of the Deceased, who did not continue to perform his/her duties on the grounds of health, was negligent in taking active measures through the method of sending the Deceased to the hospital, etc., and neglected to neglect any rescue measures until the death.