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(영문) 인천지방법원부천지원 2015.07.10 2014가합4421

손해배상(산)

Text

1. Defendant B’s KRW 304,796,896 as well as 5% per annum from October 22, 201 to July 10, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned Defendant C operated a motor vehicle maintenance office from 192 to 2000 from 192 to 14,000 from 1,00,000 Won-gu, Nowon-gu, Seoul (hereinafter “instant site”) and its ground factory building (hereinafter “instant building”), which was owned by Defendant D, as his father. On June 14, 2004, Defendant D transferred ownership of the instant site and building from Defendant D.

On the other hand, on February 20, 2002, Defendant B leased the instant site and building from Defendant D and operated a motor vehicle maintenance office (hereinafter “instant industrial company”) under the name of “G” at its place. From May 2, 2011, the Plaintiff served as the motor vehicle maintenance agent from the instant industrial company from May 2, 201.

B. The occurrence of the instant accident and the Plaintiff’s injury on October 22, 2011, when the Plaintiff was placed on the lifts installed in the instant industrial company (hereinafter “instant lifts”) and moved from the lifts to the 2nd floor, the Plaintiff fell into the first floor with the instant vehicle as he was cut (hereinafter “instant accident”). Due to the instant accident, the Plaintiff suffered injury, such as the instant accident, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.g.

【In the absence of dispute, the ground for recognition 【A's 1 through 4, 6 evidence, and Eul 1 through 3 evidence (including a number; hereinafter the same shall apply), witness H’s testimony, witness H’s testimony in this court, each of the results of physical appraisal commissioned on February 6, 2014 and June 12, 2014 to a roadside hospital in this court, and the purport of the entire pleadings, as a whole.

2. Occurrence of liability for damages;

A. The Plaintiff asserted by the parties: (a) Defendant B was the operator of the instant industrial company and the Plaintiff’s employer, and was erroneous in failing to perform the safety inspection and safety education on the instant lifts; and (b) Defendant C and D were the owners of the instant lifts who jointly carried out construction or preservation defects.