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(영문) 부산지방법원 2020.07.08 2020나40563

손해배상(산)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. In the first instance court, the Plaintiff claimed damages equivalent to KRW 67,924,067 for the Defendants (i.e., compensation of KRW 45,59,112 for business suspension compensation of KRW 2,324,955 for future medical expenses). The first instance court dismissed the part of compensation for business suspension and partly accepted the part of compensation for medical expenses and consolation money in the future.

Since only the defendants appealed, the subject of the judgment of this court is limited to future medical expenses and consolation money.

2. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are companies established for the purpose of installing all products, such as blocks, designs, pipes, etc. for vessel use.

From April 1, 198 to June 30, 2015, the Plaintiff has been serving in Defendant B through Defendant C while serving in Defendant C from July 1, 2015 to May 31, 2017 and has been serving in CO2 contact duties.

B. On November 2, 2015, the Plaintiff was diagnosed of a liveric disease (hereinafter “instant disease”).

C. On March 2, 2017, the Busan Occupational Disease Determination Committee determined the Plaintiff’s disease under the Industrial Accident Compensation Insurance Act on the ground of the following: “The Plaintiff was a person who performed the contact work from April 1, 198 to April 1, 198; the Plaintiff worked for 6 days a week every 12 hours a week as 2004 week per week; the Plaintiff worked for 6 days a week every 10 hours a day thereafter; the Plaintiff appears to have been exposed to meme, meme, powder and its inorganic compounds; alzinium and its inorganic compounds; alinium and its compounds; and the fact that during the contact work as above, it appears that there is a medical opinion from the doctor in charge of the occupational environment department of the D Hospital to the effect that there is a high possibility of the occurrence of the pulmonary disease due to long-term exposure to metal dust, which is the risk of the liver disease.”

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3-3, 8-1, 2-2, and the purport of the whole pleadings

3. Determination.