손해배상(기) 등
1. The judgment of the court of first instance is modified as follows.
The defendant's each of the plaintiffs 11,626,322 won and the defendant's each of them on 2010.
1. The reasoning for the explanation on this part of the basic facts is the same as the relevant part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the
2. Determination on a claim for damages
A. The plaintiffs alleged that they caused the death of the deceased by negligence in violation of the duty of protection accompanied by the labor contract, and seek payment of consolation money of KRW 50 million for the deceased, and KRW 6 million for each of the plaintiffs.
B. In order to recognize liability for damages to an employer for breach of duty of protection, the accident must not only be related to the employee’s work, but also be likely to be anticipated or predicted that the accident would normally occur, and the predictability should be determined in consideration of the specific situation at the time of the accident.
(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). However, in light of the facts acknowledged earlier and the following circumstances revealed by the employment evidence, it is difficult to deem that the Defendant could have predicted or predicted that the instant accident would normally occur.
Therefore, this part of the plaintiffs' claim based on this premise is rejected without any need to examine the remaining issues.
① At the time of the accident of this case, it was full time to turn on the electric ledger as seen earlier.
However, such circumstance alone is difficult to readily conclude that the cause of the instant accommodation was due to the Defendant’s fault in management, and there is no other sufficient evidence to regard it as such.
② Moreover, the instant accident is not a direct cause for such a power failure.
③ Rather, the instant accident did not look at the seat of the vehicle, with the deceased’s crypted condition as follows, i.e., having left the time of the instant vehicle, and then having left the seat of the vehicle.