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(영문) 인천지방법원 2019.04.30 2017가단241139
손해배상(산)
Text

1. The Defendant’s KRW 35,297,254 as well as the Plaintiff’s annual rate of KRW 5% from March 29, 2016 to April 30, 2018.

Reasons

1. Basic facts

A. On March 2016, the Plaintiff (Cres, male, and four arms) is a person employed by the Defendant as an employee of the Defendant.

B. On March 29, 2016, while cleaning a car in the Defendant’s workplace located in Nam-gu Incheon Metropolitan City D, the Plaintiff: (a) operated the car to which another employee of the Defendant’s employees move the car; (b) caused an accident involving the Plaintiff’s hand-on of the car; and (c) caused the Plaintiff’s hand-on of the car.

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

The Plaintiff suffered injury, such as the Plaintiff’s alley of the first half of the watershed, the second half of the left-hand body, the second half of the watershed, and the third half of the watershed in the left-hand body, due to the instant accident.

【Ground for Recognition: Fact that there is no dispute, the result of a request for physical appraisal of each E hospital by this Court, the purport of the entire pleadings】

2. Occurrence of liability for damages;

A. According to the above facts, the accident in this case occurred due to negligence committed by the defendant's employee in the course of performing his duties, so the defendant, an employer of the above employee, is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident in this case.

B. The defendant asserts that the defendant's responsibility should be considerably restricted considering the above, since the plaintiff's negligence related to the occurrence of the accident of this case was significant, even though the accident of this case occurred due to the plaintiff's total negligence.

(1) The Plaintiff’s assertion on the part other than the Plaintiff’s claims is without merit and determination as to the part other than the part paid by the Korea Workers’ Compensation and Welfare Service pursuant to the Industrial Accident Compensation Insurance Act, upon submitting an application for modification of purport and cause thereof. The Plaintiff’s assertion on the part other than the Plaintiff’s claims is without merit and determination).

The defendant shall make a written answer.

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