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(영문) 인천지방법원 2019.01.15 2016가단240245
손해배상(산)
Text

1. The Defendant: (a) from April 7, 2016 to Plaintiff A, KRW 47,891,689, respectively, and each of them.

Reasons

1. Basic facts

A. The network E entered the Defendant Company on July 1, 2015.

On April 7, 2016, the Deceased, established at the F Center in Jung-gu Incheon, Jung-gu, Incheon on April 10, 2016, after separating four parts of the approval for the establishment and use of the D, performed repair of the breakdown. As Esplate has been operated due to the malfunction of the R, the deceased was faced with an accident between the space in which the approval for the establishment and use of the D, is separated and the upper compplate was separated.

Since then, the deceased died on July 31, 2016 due to the unknown condition in the patient room.

B. The plaintiff A is the wife of the deceased, and the plaintiff B and C are the children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, 9 (including paper numbers; hereinafter the same shall apply)

2. Summary of the plaintiffs' assertion

A. As to the instant accident, the Defendant is negligent as follows.

(1) In accordance with Article 162 or 92 of the Regulations on Standards for Industrial Safety and Health (hereinafter referred to as the “Rules on Industrial Safety and Health”), a person who suspended the operation of the relevant machine at the site of the instant accident or dispatched the person who directed the operation of the relevant machine

(2) The Defendant was negligent in failing to take appropriate measures against G employees at the scene with the Deceased, and the Defendant is liable for the employer thereof.

B. Based on the following calculation factors, the defendant is obligated to pay damages to the plaintiffs stated in the purport of the claim.

(1) Damage claim 224,561,010 won: (1) lost income of the deceased (241,864,160 won (3 million won of monthly income, 60, 20% of the deceased’s negligence); (2) lost retirement allowance of the deceased (23,461,421 won (29,326,77 won of daily retirement allowance, 20% of the deceased’s negligence); (3) net funeral expenses of 12,760,400 won (15,950,500 won of expenditures; 20% of the deceased’s negligence); (5), mutual aid 13,524,971 won (11,283,800 won of monthly income; 1242,124,171,471 of the deceased’s negligence); and (2) The deceased’s damage claim of the deceased’s total damages claim of KRW 12,360,414,29436 of the deceased’s damages claim of the deceased’s damages claim of KRW 124.24

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