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(영문) 수원지방법원 2019.02.15 2017가단520358

손해배상(산)

Text

1. The Defendant’s KRW 73,328,564 as well as the Plaintiff’s annual rate from September 1, 2016 to February 15, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a worker of Mongolian nationality, and the Defendant is a corporation that engages in a housing construction business, etc. with the location of the wife population D in Yongsan-si.

나. 원고는 2016. 9. 1. 피고 회사의 직원인 C의 부탁을 받아 피고의 위 소재지에 있는 건물 2층 가벽 철거 공사(이하 ‘이 사건 공사’라 한다) 현장에 투입되어, 이 사건 공사 현장에서 위 C의 지시를 받아 그라인더로 나무판자를 절단하는 작업을 하던 중 그라인더가 튕겨져 나가면서 원고의 오른쪽 손가락이 절단되는 사고가 발생하였다

(hereinafter referred to as “instant accident”). C.

The Plaintiff suffered from the instant accident, such as the injury caused by the instant accident, such as the instant 2nd resin pressure traversule, nearby blaversule, negotiule, nephal fever, etc. (hereinafter “instant injury”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the defendant, as the plaintiff's employer, was negligent in failing to properly perform his duty to protect the plaintiff's life, body, and health so as not to harm the plaintiff's life, body, and health, and to prevent danger, and due to such negligence, the plaintiff suffered injury of this case. Thus, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case.

B. However, in light of the background leading up to the occurrence of the instant accident, the Plaintiff may also be deemed to have committed an error of failing to exercise due care while carrying out the Radry work at risk. Therefore, the Defendant’s liability is limited to 60% by taking into account the ratio of negligence to 40%.

3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but shall be less than the last month and KRW 1.