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(영문) 춘천지방법원속초지원 2017.12.12 2014가단4202
손해배상(기)
Text

1. As to the Plaintiff A’s KRW 1,00,000 and each of the said money to Plaintiff B, D, and E, respectively.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is G (hereinafter “instant vessel”) which is a vessel of 57 tons East Sea-Woon, a vessel of 57 tons East Sea-Woon.

(2) On January 13, 2012, Plaintiff A was the owner of the instant vessel, and Plaintiff B, D, and E were the children of Plaintiff A. (hereinafter “instant accident”). Plaintiff A left a port where the instant vessel was on the starboard side of the instant vessel with the captain H, deck I, etc. around 04:0 on January 13, 2012, Plaintiff A was the owner of the instant vessel. Plaintiff A left a port where the instant vessel was on the starboard side of the instant vessel; Plaintiff A was the roller installed in the instant vessel on the starboard side of the instant vessel; Plaintiff B was the chain connected to the roller installed on the starboard side of the instant vessel; around 07:00 on the same day, Plaintiff A was unable to suffer damage to Plaintiff A’s left side side-hand side-hand side of the instant vessel, and Plaintiff A suffered damage to Plaintiff A’s outer left side-hand side-hand side of the instant vessel.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence Nos. 1, 2, Gap’s evidence Nos. 4, 5, Eul’s evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), witness H’s testimony, and the purport of the whole pleadings

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer shall be obligated to devise necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer shall be liable to compensate for damages inflicted on the employee by violating such duty.

(see, e.g., Supreme Court Decision 9Da47129, May 16, 2000). The following circumstances acknowledged by comprehensively taking account of the entire purport of arguments and evidence mentioned in the basic facts and basic facts, i.e., roller, such as the instant accident, in the course of a seafarer’s work using roller installed on a ship to dive the water.

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