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(영문) 대구지방법원 2020.06.17 2018가단136553

손해배상(산)

Text

1. The Defendant’s KRW 59,171,427 as well as the Plaintiff’s annual rate from December 23, 2015 to June 17, 2020.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff, at around 17:00 on December 23, 2015, 2015, was engaged in the assembly of the steel frame that enables the Defendant Company’s factory located in Daegu-gu Seoul-gu Seoul-gu to have a luminous device.

This work is a work of assembling wheels with approximately 6 meters in length, about 20cm in height, about 1m 20cm in weight, and about 1 ton in weight, and it is a work of cutting the wheels with a iron frame, which is a steel frame, which had been transferred to an indoor camera, and the plaintiff, who was in the work, suffered injury from the bones of both others.

(2) The Defendant Company did not take necessary safety measures, such as paying safety caps and safety shoes to the Plaintiff, who is a worker employed on a daily basis.

In addition, it did not take measures to secure a safe working method, and did not provide education on safety.

(3) On the other hand, the Plaintiff was under the process of running the above work, and thus, the Plaintiff did not pay due attention to the risk of working methods, even though it appears that the risk of working methods was known.

[Ground of recognition] Facts without dispute, Gap evidence No. 9, Eul evidence No. 1 (including each number), the purport of the whole pleadings

B. The above accident was caused by the negligence of the defendant, the employer, without seeking a safe working method as above, and without paying safety education, and thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

2. Limit of liability: Provided, That as the plaintiff also becomes aware of the danger of the above work for several days, it is erroneous that the plaintiff failed to fulfill his/her duty of care to ensure safety, such as demanding safety, giving due attention to working methods, etc. to prevent accidents.

The calculation of damages in this case shall be taken into account, but all the defendant's liability.