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(영문) 부산지방법원 2018.02.01 2017가단302659
손해배상(산)
Text

1. The Defendant’s KRW 26,914,123 as well as the Plaintiff’s KRW 5% per annum from May 30, 2016 to February 1, 2018.

Reasons

1. Facts of recognition;

A. On May 30, 2016, the Plaintiff was an employee of the Ss. S. S. Co., Ltd. (hereinafter “S.”), and was injured by the Nonparty Company, at around 08:10 on May 30, 2016, in order for the Nonparty Company to construct an apartment building located in the Busan metropolitan Daegu Metropolitan City, which was partially subcontracted, and to verify the 204 Alpheing work at the construction site of the apartment building located in the Busan Metropolitan City, Busan Metropolitan City, Daegu Metropolitan City Construction Industry Co., Ltd. (hereinafter “S.”), and suffered injury, such as the 1,2, and the 3rd pressure frame, etc. of the bridge, by falling down as follows, in order to go up to the above speed through a temporary

(hereinafter “instant disaster”). (b)

The Plaintiff received, respectively, KRW 1,287,690 of temporary layoff benefits, medical care benefits3,196,320 of disability benefits, and KRW 33,725,440 of disability benefits, respectively, during the period of medical care from May 30, 2016 to January 10, 2017, after having been determined as an industrial accident by the Korea Labor Welfare Corporation due to the instant accident.

C. The defendant is an insurer who has concluded a liability insurance contract with the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and fact-finding by this court on Korea Labor Welfare Corporation, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the non-party company, as an employer of the plaintiff, has a duty to prepare a safe physical environment and take necessary measures so that the plaintiff, who is an employee, does not harm life, body, and health in the course of providing the above labor, and thereby preventing the accident in advance. Thus, the accident in this case occurred due to negligence that failed to perform the above duty. Thus, the defendant, the insurer who has taken over the liability for damages against the plaintiff of the non-party company,

B. Limitation of liability: Provided, That considering the circumstances revealed in the whole process of pleadings, such as the occurrence of the instant disaster, the Plaintiff also goes to a high place using a bridge.

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