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(영문) 전주지방법원남원지원 2015.04.01 2013가단7180

손해배상(산)

Text

1. The Defendant: 6,789,085 won to Plaintiff A; 4,692,723 won to Plaintiff B; 4,692,723 won to Plaintiff C; and 4,692,723 won to Plaintiff D.

Reasons

1. Facts of recognition;

A. On February 24, 2012, the deceased E (F) was a worker belonging to the Defendant, and upon the Defendant’s work instruction, engaged in livering operations at the field of camping trees located in the Yannam-gun of the Yannam-gun of the Yannam-gun of the Yannam-gun, and was faced with an accident where he/she was able to use his/her timber and purchase the head after his/her head.

(hereinafter “instant accident”). The Network E obtained surgery and treatment on April 10, 2012 due to the instant accident, from an injury, such as a dystroke, which intrudes the two alleys and an inner framework, and died on the part of the hospital.

B. Plaintiff A is the spouse of the network E, and Plaintiff B, C, and D are children of the network E.

Plaintiff

A’s share of inheritance 3/9, Plaintiff B, C, and D is 2/9, respectively.

【Ground for recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1 through 6, 13 through 15, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the defendant neglected his duty to maintain the working environment so that the employee E does not have any danger and injury to the life and body during work and to protect the employee from occupational accidents, and thus the accident of this case occurred. Thus, the defendant is liable to compensate for damages caused by the accident of this case.

B. The limitation of liability: (a) the network E is responsible for offsetting negligence or limitation of liability, taking into account the following: (i) the fault for which it was impossible for the network E to avoid the tree that it was the cause of the occurrence and expansion of damage caused by the instant accident; (ii) the network E has the experience in felling trees; (iii) the network E itself entails considerable risk; (iv) the worker itself bears a high level of duty of care; and (iv) the worker is deemed to have been given a considerable discretion in relation to the method, order, etc. of fellings in the instant timber course; and (v) the Defendant’s responsibility after offsetting negligence or limitation of liability is 40%

3. Scope of damages;

A. The lost income Plaintiffs are the deceased E. The instant case.