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(영문) 수원지방법원성남지원 2015.06.25 2012가단15144
손해배상(기)
Text

1. The Defendant’s KRW 64,478,570 as well as the Plaintiff’s annual rate of 5% from October 5, 2010 to June 25, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The defendant is a person engaged in the furniture manufacturing business in the name of "D" in Gwangju City, and the plaintiff was an employee from the above company. 2) around January 16, 2010, around January 14:00, the defendant's employee E in the above "D" business place, and the fire occurred because the fire occurred because the fire occurred because the fire was destroyed by the fire that the fire would not be easily attached to trees.

At the time, the plaintiff suffered pictures from the body of the plaintiff, which was flickly adjacent to the accident, which was flicked in the body of the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 7, witness F's testimony, the purport of the whole pleadings

B. Determination 1) The employer, as an incidental duty under the good faith principle accompanying the labor contract, bears the duty to take necessary measures, such as improving the human and physical environment, so as not to harm the life, body, and health of an employee in the course of providing labor, and is liable to compensate for damages to an employee by violating such duty of protection. Although the workplace of this case is a place dealing with timber, it is vulnerable to fire, the Defendant did not take measures to prevent fire against ordinary employees. In addition, the employees did not know the use of a strong flammable in the process of avoiding fire, and did not take measures, such as preventing the use of the flammable, or attracting attention thereto, and the Defendant’s error was the cause of the instant accident. Accordingly, the Defendant was liable for compensating the Plaintiff for the damages caused by the instant accident. However, as the Plaintiff was also equipped with a fire extinguishing machine around the time, it is difficult to readily see the safety of the Plaintiff by attempting to extinguish the fire by itself.

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