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(영문) 수원지방법원성남지원 2015.02.12 2013가단35626
손해배상(산)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On April 26, 2012, the Plaintiff suffered an accident where she had “the installation of office containers and the interior works of Mean Motor Vehicle C Agency” in accordance with the employment contract or labor contract concluded with the Defendant, and she was cut with her sub-pathal and her sub-pathal of the left-hand fingers inside a container at around 11:00 on April 26, 2012. The Defendant, the Plaintiff’s employer, violated the duty of safety consideration to employees, and thus, is liable for compensating the Plaintiff for the damages suffered by the Plaintiff. Accordingly, the Plaintiff asserted that he/she is liable for compensating the Defendant for the damages incurred by the said accident, and sought payment of the Plaintiff’s damages and delay damages.

In light of the contents of Gap evidence 3-1, 2, 3, Gap evidence 4-1, 5-1, 12, 13-1, 15-2, Gap evidence 2, 22, 22-2, 24-2, 10, and 10 of Gap evidence 15-1, 2, and 15-2, Eul evidence 22-2, 24-2, 10 of Eul witness evidence 10, and the purport of the whole testimony and arguments of Eul, the defendant employed the plaintiff.

The plaintiff's claim of this case based on the premise that the defendant is the employer of this case is not acceptable, since it is not sufficient to recognize that the defendant ordered the plaintiff to work as the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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