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(영문) 수원지방법원안산지원 2017.09.22 2015가단112627

손해배상(산)

Text

1. The Defendant’s KRW 30,135,118 as well as 5% per annum from May 30, 2014 to September 22, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) concluded a daily employment contract with the Defendant, which runs the wholesale and retail business of sports goods on May 30, 2014, and the Plaintiff, along with two employees of the same fee, went to the rooftop by using a bridge to deliver it to customers who purchase the wing machine, and in the process of moving the bridge to the rooftop, the Plaintiff was subject to an accident (hereinafter “instant accident”).

(2) The Plaintiff suffered injury, such as the so-called left-hand abandonment salone due to the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3 (including additional number), Eul evidence 1, 2, Eul evidence 1, 3, Eul witness C's partial testimony, the purport of the whole pleadings

B. According to the facts of recognition as above, the defendant not only provides the plaintiff's employer with necessary personnel in light of the intensity and difficulty of work, physical strength of workers, etc., but also does not perform the duty of protection under the labor contract to create an appropriate working environment, such as ordering the cooperation work in fact. Thus, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident of this case.

C. Restrictions on liability: Provided, however, it is reasonable to limit the defendant's liability to 60% in consideration of the fact that the plaintiff's responsibilities are somewhat unreasonable without mutual cooperation with other workers in the situation where it is difficult for him to drive a heavy mining machine on the bridges on the bridges.

2. In principle, a period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month and less than a won shall be discarded;

The current price of damages at the time of the accident shall be calculated monthly.