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(영문) 부산지방법원 2015.06.11 2014가단26640
손해배상(산)
Text

1. The Defendant’s KRW 93,392,844 as well as its annual 5% from July 25, 2013 to June 11, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On June 1, 2011, the Plaintiff entered and worked in Gangseo-gu Busan Metropolitan Government CD located in Gangseo-gu operated by the Defendant, and had the Plaintiff conduct the mechanical washing work on July 25, 2013, by the Defendant’s instruction, against D immediately adjacent to D.

The Plaintiff used a celebry when washing work, and the employee belonging to the case EpF Co., Ltd., who discovered the fact that the above work was being carried out, explosiond by the legacy while making a celebry work immediately next to the Plaintiff. Accordingly, the Plaintiff suffered injury by telegraph, video, etc.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap’s statements and images, and the purport of the whole pleadings, as to Gap’s evidence 2 through 4, 9, and 10

B. The Defendant, as the employer of the responsibility, did not perform his duty to protect the Plaintiff, who is an employee, to prevent risks arising from such work while having the Plaintiff, thereby having caused the instant accident, and thus, the Defendant is liable for compensating the Plaintiff for damages arising from the instant accident.

C. The Plaintiff’s limitation of liability is based on the following: (a) the Plaintiff, when working using a flammable substance, shall call up such fact in the vicinity; and (b) the Plaintiff, if engaged in the igning work, shall voluntarily seek safety, such as suspending the work; and (c) the Plaintiff neglected to do so; and (d) the Defendant’s liability is limited to 65%

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent at the time of the accident.

The attached list of damages calculation in attached Form 1 of daily income.

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