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(영문) 서울중앙지방법원 2017.03.10 2016가단5008971

손해배상(산)

Text

1. Defendant 123 U.S. Co., Ltd.: (a) KRW 7,00,000 and its amount from September 1, 2015 to March 10, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C&C Co., Ltd. (hereinafter “Defendant C&C”) ordered Defendant C&C (hereinafter “Defendant C&C”) to operate a selective terminal to Defendant C&C, and Defendant C&C (hereinafter “Defendant C&C”) ordered Defendant C&C (hereinafter “Defendant C&C”) to 123 U.S. employees, according to the said contract, Defendant C&C 612-10 U.S.-C. to load sales of the instant goods at the business place of Kuri-si P&C (hereinafter “instant business place”).

B. Defendant C&D awarded a contract to E&D Co., Ltd. for the business of the instant place of business, and the Plaintiff is an employee of E&D Co., Ltd. who belongs to E&D Co., Ltd.

C. On January 4, 2014, the day of the instant business, at the instant place of business, the Plaintiff suffered injury, such as an annual deficit organization, etc., on the wind that the Plaintiff, at the request of a related party of Defendant 123, engaged in the work of lowering the door-to-door distribution goods at Defendant 123, to take a break-out break and return to work at the instant place of business in order to return to work at the request of the related party.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1, Eul evidence 1, Eul's evidence 7 through 9 (including the serial number) and images, witness B and C's testimony and the purport of the whole pleadings.

2. Determination as to Defendant 123

A. An employer of liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing labor, and where an employee suffers damage by violating such duty, he/she shall be liable to compensate for such damage.

When examining the purport of the entire arguments as seen earlier, Defendant 123 was the Plaintiff.