beta
Text
1. The Defendants jointly share KRW 7,000,000 to Plaintiff A, as well as the year from August 24, 2015 to September 4, 2019.
Reasons
1. Determination as to Plaintiff A’s claim against the Defendants
A. Basic facts 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(2) On August 23, 2015, Defendant A and Defendant D conflict with those for which the Plaintiff was working as an employee of the Defendant Company at the time of August 23, 2015, on August 23, 2015, when he was on board the Defendant Company Daejeon Factory 1 (hereinafter “instant factory”) on August 23, 2015, while he was on board the Defendant Company Daejeon Factory 1 (hereinafter “instant factory”).
(3) With respect to the first accident in this case, Plaintiff A suffered from injury, such as a horse escape certificate and the crypitis No. 4,5 due to the instant accident. 4) Plaintiff A received respectively KRW 1,27,327,930 of temporary layoff benefits, ② health care benefit 8,497,030 of disability benefits, ③ disability benefit 8,602,50 of disability benefits, respectively, from the Korea Labor Welfare Corporation.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 6 to 11, Gap evidence 29, the purport of the whole pleadings
B. 1) Defendant D is liable for damages on the ground that Defendant D’s negligence was attributable to the Plaintiff A’s failure to perform his duty of care to prevent an accident by examining before and after driving the said vehicle, which was a driver who was a driver of the instant plant. As such, Defendant D is liable for damages incurred by the Plaintiff A due to the instant accident, as a direct actor of the tort.
B. When a business owner under Article 23(1) of the Occupational Safety and Health Act conducts a business, Defendant Company has a duty to take safety measures necessary to prevent risks caused by machinery, apparatus, and other equipment. Article 172(1) of the Rules on Occupational Safety and Health provides that a business owner shall load and unload the same vehicle as that for which he/she had in possession.