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(영문) 춘천지방법원 원주지원 2017.02.08 2016가단31250

손해배상(산)

Text

1. The Defendant’s KRW 13,076,672 as well as 5% per annum from December 9, 2015 to February 8, 2017 to the Plaintiff.

Reasons

1. In fact, the Plaintiff was employed from around December 5, 2015 as a worker for daily use, and was employed on December 9, 2015, and around 08:50 on December 9, 2015, the Plaintiff was injured by a knife with a machine saw in order to carry out strings connecting saves at the construction site of the original-si building B constructed by the Defendant at the site of the construction site of the original-si building B, and the Plaintiff was faced with the Plaintiff’s right eye, such as a fnife, a fnife, an internal heat, external shock, and a free body blood.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1, 2, and 6, witness C’s testimony, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the Defendant’s above recognition of the Defendant’s liability for damages, since the work of cutting the joint plate at a construction site with a saw has a high risk of sprinking or falling short of sprinking, the Defendant is liable to compensate the Plaintiff for the damages suffered by the Plaintiff due to the instant accident, as it was negligent in failing to provide safety education when allowing the Plaintiff, an employee, to engage in the said work, such as thoroughly providing safety education, and allowing the Plaintiff, who is an employee, to wear the sprinking or safety fastening machine, and to prevent the accident from occurring.

B. Limit of liability: Provided, however, the Defendant’s liability is limited to 80% by taking into account the negligence as 20%, since it was erroneous for the Plaintiff to have neglected to ensure the safety of the Plaintiff’s own by making it difficult for the Plaintiff to do so.

Therefore, the defendant's claim to limit liability exceeding the above scope of recognition is rejected. 3. The period for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 per month to deduct interim interest interest calculated at the rate of 5/12 per month.

In addition, the parties' arguments are separate.