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(영문) 창원지방법원통영지원 2019.11.26 2018가단28302

손해배상(산)

Text

1. The Defendant: (a) KRW 13,953,484 for the Plaintiff and 5% per annum from November 10, 2016 to November 26, 2019; and (b) for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant is a company established for the purpose of shipbuilding and repair business of a ship, and the Plaintiff served as the employee of the Defendant. 2) On November 9, 2016, the Defendant, around 16:00, performed the work of transporting and loading the toilet partitions with the same worker inside the D ship, which was under construction at a shipbuilding yard located at a string city, along with the same worker. The materials that had been loaded close to the vertical line exceed the materials that had been loaded, and thereby, the Plaintiff was faced with knee in the Plaintiff’s left side and caused the accident that the Plaintiff exceeded (hereinafter “instant accident”).

3) Due to the instant accident, the Plaintiff suffered injury, such as mincation and minculation in the franchisium near the slives of the slives of the slives of the slives of the slives of the slives of the slives of the sl

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer who is liable for damages bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer is liable for compensating for damages caused by his/her breach of such duty of protection.

(2) In light of the above facts, the defendant is liable to compensate the plaintiff for the damages incurred by the accident of this case, since the plaintiff's employer and workers, including the plaintiff, are likely to cause an accident where the goods loaded are loaded in the course of carrying and loading materials. Thus, the defendant is obligated to take sufficient safety measures and provide safety education, but the accident of this case occurred due to the failure to take such safety measures, etc. sufficiently. Thus, the defendant is liable to compensate for the damages incurred by the plaintiff.

(c) limitation of liability, provided that the Plaintiff also carries out the work of transporting and loading materials;