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(영문) 서울남부지방법원 2015.11.17 2014가단224251
손해배상(산)
Text

1. The Defendant: (a) KRW 57,642,00,000 for the Plaintiff and 5% per annum from December 11, 2013 to November 17, 2015; and (b) the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Plaintiff (B) was serving as a Korean national abroad from November 21, 2013 as an employee of the Defendant, a company manufacturing automobile parts, and was engaged in the business of loading finished finished products at the Defendant’s workplace on December 10, 2013. On December 10, 2013, Plaintiff (B) was engaged in the business of loading finished products at the Defendant’s workplace. However, even when the press system was not suspended, Plaintiff (B) sustained injury caused by the Plaintiff’s luxing of lux on the press system and the metal type, and the Plaintiff’s right side was narrowed between the press system and the metal type and completely cut down the right side.

(2) The Plaintiff asserted that: (a) the Plaintiff had been working as a new worker for whom two weeks have passed since her work at the site was at the site; (b) there was no dispute between the parties concerned as to the fact that the Plaintiff was responsible for the simple work of loading finished products; (c) however, as to the circumstances during which lubrication work was carried out, the Plaintiff was ordered by other appointed workers; and (d) the Defendant was working together with the Plaintiff at the site manager C and two workers at the time; (c) the Plaintiff did not notify the site manager C of the discovery of defective products without any notification to the site manager C; and (d) the Plaintiff was an accident that occurred while entering the site

(2) The Defendant’s press system of No. 7-1, 2) No. 7-2 (2) does not operate the machine in a state where the machine is opened by linking the operation of the machine, and when the machine is in dangerous condition due to its operation, the equipment cannot open the d (the part having access to the press system). In principle, when the defect of the product is confirmed, the Defendant, in principle, opens the entire system and enters the press and revises the metal form by opening the d and correcting the metal form or melting the press machine. However, in the case of skilled workers, the above process is reduced, and the equipment is confirmed directly by checking the condition of the machine, and is installed outside the press system.

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