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(영문) 서울동부지방법원 2018.09.14 2017가단127983

손해배상(기)

Text

1. The Defendant’s KRW 6,732,00 and the Plaintiff’s annual rate of KRW 5% from September 10, 2016 to September 14, 2018.

Reasons

1. Basic facts

A. On April 2010, the Defendant entered the Plaintiff company that runs slaughter business, livestock product processing and treatment business, etc., and was in charge of the business of washing stacks, machinery, equipment, etc. from May 2014 to September 10, 2016, and was in charge of the business of operating a freezing tower (vehicle No. B: E-math 3.5t, C: E-Eth 23.5t; hereinafter “instant freezing tower”).

(Duty Hours 23:00 to 07:00 the following day). On September 10, 2016, the Defendant received hospitalized treatment, etc. due to a traffic accident involving the operation of the said C freezing, and the Defendant did not work at the Plaintiff Company from February 2017, the labor relationship between the Plaintiff Company was terminated.

B. The defendant is running the freezing tower of this case to deliver the slaughters of the plaintiff company while carrying out the business of operating the freezing tower of this case as the defendant's driver's negligence

1. As indicated in the case, the accident in August 7, 2014 caused ten traffic accidents (hereinafter “each of the instant traffic accidents”). Among them, the accident in August 7, 2014 was an accident in which one disease in the small week was cut down and locked in the three-hour vehicle and returned to the company, and the said vehicle C (as of September 9 and September 10, 2016, May 16, 2002) was processed on October 5, 2015, due to the continuous accident in which it was continued on September 9, 2016, and September 10, 2016.

C. On February 1, 2017, the Defendant filed an appeal against excessive work allowances and wages with the Gyeonggi Regional Labor Relations Commission on the ground that the Plaintiff was dismissed on the ground that the Defendant was dismissed on February 1, 2017, and agreed to terminate the labor relationship with the Plaintiff on June 21, 2017, and receive 6.3 million won with the settlement agreement, and thereafter, agreed to receive 5 million won with the Plaintiff on June 30, 2017.

On July 13, 2017, the Plaintiff filed the instant lawsuit.

[Ground of Recognition] A without dispute, Gap Nos. 1 through 6, Gap No. 7-1, 2, and 8.