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(영문) 대구지방법원 2019.08.29 2019가단109084

손해배상(산)

Text

1. The Defendant’s KRW 14,285,067 as well as 5% per annum from August 10, 2017 to August 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company running a creative construction business, etc., and the plaintiff is the defendant's employee.

B. On August 10, 2017, around 14:20, at the Daegu-gu New Construction Project site where the Defendant received a supply and demand for construction of a door mold, the Plaintiff was in charge of the construction of the door frame of the second floor preparation room, along with East Labor Workers D, under the direction of the team leader.

C. If the Plaintiff and D jointly set the steel mold, the work was carried out in such a way that the Plaintiff independently ends the instant container in the gap between the door mold and the wall.

The Plaintiff, while installing a SD fire door door mold in the door door door door door door, put the door door door into the wall, moved to another place for other operations. The Plaintiff, alone, completed the work of cutting on the A-type bridge with a height of about 120 cm and fell into vadi.

E. The Plaintiff was suffering from the closure frame of the left-hand sloping, etc., and thereafter received hospital treatment for 16 days and hospital treatment for 246 days from the date of completion of the instant argument through two operations. Despite the said treatment, the Plaintiff left a 8% disability in the part of the left-hand sloping and the disability grade recognized by the industrial accident insurance authorities (the presumption of loss rate pursuant to the Mabrid List is 8% and the disability grade is 12 grade).

【Facts without dispute between the parties to a lawsuit for recognition】 The evidence Nos. 1, 2-1 through 4, 5, 10, 3-1 of the evidence Nos. 3, the result of a request for physical appraisal by this court, the purport of the whole pleadings.

2. Occurrence of and limitation on the right to claim damages;

A. According to the evidence and the statements of Gap evidence Nos. 6-1, 2, and 7-1 to 3, which were incurred prior to the occurrence of the right to claim damages, the door mold, which the plaintiff had been engaged in the installation at the time of falling on a bridge, remains about 2 meters from the floor level of the second floor, and therefore, common key is common.