손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 8, 2013, the Plaintiff’s spouse C (hereinafter “the deceased”) entered the Defendant Company and worked as a street cleaners at D E resting places located in the prime city of prime city (hereinafter “instant resting places”).
B. On March 17, 2014, the Deceased worked at night on or around 20:02, and retired from office on March 18, 2014.
On March 18, 2014, the Deceased was sent to G Hospital with severe divershosis when blood was inspected by F Hospital around 14:44 on March 18, 2014, but died due to acute acute infection in detail.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff’s assertion was sent to heavy labor every 6 days a week at the instant rest area and average 11 hours a day.
Since the rest area of this case is not properly equipped with the rest area, the Deceased could not take a proper rest while on duty.
On the day of the instant case, the deceased was used, but no one did not move to the hospital, and the deceased was left unattended in the warehouse.
Ultimately, the Deceased died due to the Defendant’s breach of duty to protect.
Therefore, the Defendant, as the spouse of the deceased, is obligated to pay the Plaintiff’s damages amounting to KRW 68,520,000 (=the Plaintiff’s damages amounting to KRW 65,520,000) and damages for delay.
3. Judgment on the defendant's main defense of safety
A. The Defendant’s grounds for the instant claim are identical to the grounds for the instant lawsuit seeking compensation for damages (No. 2017Gadan2150) rendered by the Chuncheon District Court (hereinafter “previous lawsuit”). Since the Plaintiff voluntarily withdrawn the lawsuit after a judgment was rendered, the instant lawsuit, which is the same as the previous lawsuit, shall be dismissed as unlawful.
B. Article 267(2) of the Civil Procedure Act provides, “A person who withdraws a lawsuit subsequent to the final judgment on the merits of the case shall not institute the same lawsuit.”
The whole of the statements and arguments in Section B(1) through (3).