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(영문) 대구지방법원안동지원 2015.11.30 2014가단3511
손해배상(산)
Text

1. The Defendant’s KRW 119,78,633 as well as 5% per annum from April 9, 2013 to November 30, 2015 to the Plaintiff.

Reasons

1. Establishment of liability for damages;

A. The Plaintiff, at around 08:30 on April 9, 2013, engaged in the work by using presses within the factory of the Defendant company located in 122, Si-Gu-si, Si-si, Si-si, Si-si, 122, and caused losses to the Defendant company’s hand while cutting down the presses at the top of the instant presses, which put both descendants into the risks of the gold-type down. Ultimately, the Plaintiff suffered injuries, such as the cutting of the presses at the pressure of 3,4,5 resin, the right side 2,3,4,5 resin, etc. (hereinafter “the instant accident”), and the presses used in the instant accident, “the instant presses”

2) The type of safety devices installed in the presses can be classified into ① the upper right and left side of the machinery, ② the water operation safety devices that do not automatically operate in the case where the hands falls from the operating presses, ② the water operation safety devices that can not automatically operate in the case where the presses contain the worker’s body, etc. on danger when the presses run, and ③ the air safety devices that can automatically shut down the door of the operating point if the presses down to the presses, and if there are foreign materials such as hand, the door of the operating point does not operate the presses if the presses do not close.

Safety devices installed in the presses of this case are sensitive, and on the presses, the safety devices installed in the presses of this case should be operated separately, so that they can operate safety devices.

3) At the time of the instant accident, the instant presses work in two consecutive administrative methods, which operate at intervals of one press machine, including one administration, and two continuous administrative methods which operate consecutively. 4) At the time of the instant accident, the instant presses were in operation by continuous administrative methods, and safety devices were not operated in the offline of safety devices.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 10, witness Eul's testimony.

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