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(영문) 수원지방법원 2019.03.06 2017가단544644
손해배상청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 22, 2017, the network D (hereinafter “the network”) entered the “E” (hereinafter “Defendant Company”) for the manufacturer and seller of multimedia equipment operated by the Defendant, and served as the head of the division in charge of business management.

B. At around 15:05 on April 13, 2017, the Deceased was dead on April 15, 2017, where he/she was found to have been in the form of a toilet changeer and was found to have a food disorder and was sent to the hospital by the 119 first aid unit. The Deceased died on April 15, 2017, when he/she was diagnosed with brain-resistant transfusion and received treatment.

C. The deceased’s heir is the Plaintiff A and B, who is the wife.

[Ground of recognition] A without dispute, entry of Gap evidence 10, purport of whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Plaintiff, as an employer of the Deceased, bears the duty of care to prevent any harm to life, body, and health during the course of providing his labor. In addition, the Defendant neglected his duty of care to the Deceased, such as having the Deceased perform an excessive work, thereby causing the death of the Deceased. Accordingly, the Defendant is liable to compensate for the damages suffered by the Plaintiffs.

B. The facts acknowledged prior to the determination are as follows: (a) the deceased was employed on February 22, 2017 and worked for 51 days a week from the date of the instant accident; (b) the deceased did not work on holidays (3.1.), Saturdays, and Sundays; (c) the director of F, who was appointed from the date of entry, received the business transfer from the company office until March 7, 2017; and (d) the deceased did not work outside; (e) the customer business management (such as telephone call, estimate, advertising TV, etc.; and (e) the deceased did not have any written statement that the deceased was in charge of duties outside of the company’s business management (such as installation of AS, TV, etc.) which is one of his duties; and (iii) the deceased did not have any written statement that the deceased was in charge of duties outside of the company’s office from the date of entry to March 7, 2017.

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