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(영문) 대전지방법원 2015.11.19 2015나100592

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. Defendant Barun Co., Ltd. (hereinafter “Defendant Co., Ltd.”) operates D golf courses (hereinafter “instant golf courses”); Defendant C is the employee of Defendant Co., Ltd., who was awarded a contract for the maintenance of the instant golf courses from Defendant Co., Ltd. to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

B. On March 29, 2013, at the departure square of the instant golf course, the Plaintiff suffered a scambling, etc., where the partitions, which was installed after the truck, was set up at the request of Defendant B, is far away from the Plaintiff’s launch, while the partitions, at the request of Defendant B, are damaged by the outer upper scam and saws.

(hereinafter “instant accident”). C.

The Plaintiff requested Defendant C to take a leave on the ground that it is difficult for the Plaintiff to work as an injury caused by the instant accident, but Defendant C did not take appropriate measures. Accordingly, the Plaintiff was in a unreasonable manner to perform work despite the above injury, and the Plaintiff was in a way to undergo a 1-to-hand step on the right side of May 8, 2013.

The Plaintiff sought an industrial accident compensation insurance for injury caused by the instant accident to the Korea Workers’ Compensation and Welfare Service. In order to prevent the insurance handling of the said industrial accident compensation insurance in accordance with the policies of the Defendant Company, Defendant C had F forged the “application for exclusion from the industrial accident insurance in special types of employment” under the name of the Plaintiff and exercised it.

Accordingly, on November 26, 2013, Defendant C was indicted for forging Private Document and was sentenced to a fine of KRW 500,000,000 for the charge of uttering of the said Private Document (No. 2013 high-level 178). [Grounds for recognition] There is no dispute, and the purport of the entire pleadings is as follows: (a) there is no dispute; and (b) Gap’s entries in the evidence set forth in subparagraphs 1 through 15, 17, 18, 20, 21, 22, 25, 29, 32, 33, 39, 40, 41, and Eul’s evidence set forth in subparagraphs 1 through 4 (including a serial number, if any).

2. The assertion and judgment

A. According to the facts of recognition of the above liability, the defendant.