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(영문) 인천지방법원 2019.01.22 2016가단231593

손해배상(기)

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1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from June 25, 2015 to November 2, 2018; and (b).

Reasons

1. (1) On June 23, 2015, the Plaintiff concluded a labor contract with the Defendant operating “C” on the “D Corporation” that the Defendant received from the Incheon Maritime Defense Headquarters.

(2) On June 25, 2015, at around 09:30 on June 25, 2015, the Plaintiff was killed in the middle-hand mincated mincated on the left-hand side by getting out of chain connections with a height of 1.5 meters from the crost block (re reinforced concrete structure) to replace poppy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 12, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. As to the instant accident, the Defendant is negligent as follows as the Plaintiff’s employer status.

(1) Not only did the safety education for the prevention of accidents be provided but also did not provide safety outfits (safety caps, safety shoes, etc.), life jackets, safety altitude, etc.

② Although equipment, materials, etc. should not be stored on the floor of the instant plant, the Plaintiff fell on the floor, thereby preventing the Plaintiff from properly exposing the left-hand edge.

B. Based on the following calculation factors, the Defendant is obligated to pay the Plaintiff damages indicated in the purport of the claim.

① The occurrence of liability for damages on March 3, 1993.3.406 of the daily income, which deducts KRW 63,673,526 disability benefits of KRW 29,536,120, and KRW 127,347,052 [the amount of monthly income of KRW 6.6 million x 22 days x 16% x 62% x maximum working age] reflecting the Plaintiff’s negligence of KRW 50% 63,673,526, and KRW 29,536,120, and KRW 34,137,406, and KRW 406, total amount of KRW 44,137,406, and KRW 10,00,00).

A. The defendant's assertion on this part is as follows.

① Safety education was provided to the Plaintiff and safety equipment was also provided to the Plaintiff.

(2) The day before the accident occurred.

6. Since 24. 18. 18. 24. 18. The plaintiff refused to work and voluntarily left the site, the contract was terminated on that day.

Nevertheless, the plaintiff is next.