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(영문) 제주지방법원 2020.02.21 2018가단64940
손해배상(산)
Text

1. The Defendant’s KRW 40,400,361 as well as the Plaintiff’s KRW 5% per annum from September 29, 2016 to February 21, 2020.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff entered into an employment contract with the Defendant, who runs LPG wholesale business, retail business, etc. at Seopoposi, and carried out the business of checking the use of the Defendant’s customer LPG measuring instruments from January 15, 2016 to June 5, 2018, including inspection, gas charges, and gas charges (e.g., delivery) delivery. (2) On September 29, 2016, the Plaintiff suffered injury, such as electric shocks, on the left-hand side of the boundary rail system installed at a height of approximately 60 cm, as in the attached photo, on the front side of the boundary rail system installed at a height of about 278 cm, as in the attached photo, on the front side of the boundary rail system installed at a height of about 60 cm as well as the attached photo.

(hereinafter referred to as "the accident of this case". 3) The defendant did not provide the plaintiff with safety equipment, such as a bridge or accelerator, or conduct sufficient safety education, etc., at a place at the risk of falling as above. The defendant did not provide the plaintiff with safety equipment or conduct sufficient safety education. The ground for recognition is the fact that there is no dispute, Gap Nos. 1, 2, 4 through 9, 14, 15, 16 (including paper numbers, hereinafter the same applies).

each entry or image of the witness D, testimony by document of the witness D, the purport of the whole pleadings

B. Determination 1) According to the above facts, it is reasonable to view that the defendant as an employer failed to perform his/her duty to protect (safety consideration) an incidental duty under the good faith principle accompanying the labor contract. Thus, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident in this case. 2) Limit of liability: 40% of the plaintiff's negligence ratio (the plaintiff as a plaintiff has paid a careful attention to prevent the loss of his/her body's center, and neglected to take safety measures against falling).

2. In addition to the scope of compensation for damage, it shall be the same as each corresponding item in the separate list of damages calculation, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

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