2012 Ghana 49675 Damages

Ansan 00

Seo-gu Incheon Western Dong* *

Law Firm **

[Defendant, Appellant]

1. A stock company;

Seoul Gwangjin-gu, Seoul **

* Representative Director**

2. B stock company:

Seoul Jongno-gu Gyeyangdong**

* Representative Director**

[Defendant-Appellant] Plaintiff *

Attorney Park Jae-ok, Counsel for the defendant-appellant*

March 10, 2015

April 14, 2015

1. The Defendants jointly do so to the Plaintiff and jointly do so from October 16, 201 to April 2015.

14. To pay 5% per annum and 20% per annum from the next day to the day of full payment.

2. All remaining claims of the Plaintiff are dismissed.

3. 9/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly do so to the Plaintiff as to KRW 20,307,131 and the instant case as from October 16, 201.

5% per annum and 20% per annum from the following day to the date of full payment; and

d. Payment of money:

1. Occurrence of liability for damages;

(a) Facts of recognition;

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 9 (including all numbered items), and the fact-finding results of the fact-finding on the President of the Korea Labor Welfare Corporation of this court, the purport of the whole pleadings]

1) Defendant B Co., Ltd. (hereinafter “Defendant B”) performed the temporary installation work (stage 2) in Geumyang-gun, Yangyang-gun, Chungcheongnam-do (hereinafter “instant construction work”) in order to perform the field management supervision and overall work. Defendant A Co., Ltd. (hereinafter “Defendant A”) accepted part of the said construction work from Defendant B, and the Plaintiff is the major (stage 1.20,000 won per day) in the military unit located in Defendant A.

2) On October 16, 201: (a) around 23, 201, upon Defendant A’s request from Defendant A, the Plaintiff performed night security duties with Defendant A’s employees in accordance with Defendant A’s instruction to prevent material theft, etc. at the construction site of the instant construction site; (b) the Plaintiff reported that two male persons on the face-to-face face-to-face face-to-face face-to-face face-to-face face-to-face face-face face-to-face face-face face-face face-to-face face-face face-face face-face face-to-face face-face face-face face-face face-to-face face-face face-face face-face face-to-face face-face face-face face-to-face face-face face-face face-to-face face-face face-to-face face-face face-to-face

3) The Plaintiff is from October 17, 201 to October 2012, 2012 from Korea Labor Welfare Corporation due to the instant accident.

3. 11. Receiving temporary layoff benefits up to 11. It has received 13,490,400 won as disability benefits;

B. Whether liability arises

In full view of the purport of the argument in the above facts, Defendant B is an employer of the Plaintiff, and Defendant A is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, as a joint tortfeasor, as the joint tortfeasor, when requesting the Plaintiff to conduct the night security service at the construction site of this case or allowing the Plaintiff, who is an employee, to conduct the night security service due to danger, thorough safety education on the response guidelines, etc. in advance, and neglecting his duty of care to prevent the occurrence of the accident.

2. Scope of liability for damages

In addition to the following separate statements, the calculation of damages shall be made as shown in the attached sheet of calculation of damages (in accordance with the headmanial calculation method that deducts interim interest at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the period for the convenience of calculation shall be calculated on a monthly basis, but the amount less than a month shall be included on the side where the amount is less than a month, and the amount less than a month and less than the last month shall be included) and the parties' arguments which have not been

[Ground of Recognition: Evidence Nos. 1 through 9, Evidence Nos. 1 through 5, and the fact-finding on the President of the Korea Labor Welfare Corporation, the result of this court's fact-finding, the result of this court's commission of physical appraisal on the Head of the L/C Hospital, the purport of the whole pleadings]

(a) Personal information on recognition of lost income 1) and the content of evaluation: The same shall apply to the entries in the attached table of calculation of damages (basic matters).

B) Occupation and income: In full view of the purport of the entire arguments in the above facts, the plaintiff worked as a major in the internal line at the time of the accident in this case, and the plaintiff can be recognized as having received KRW 120,000 per day at the time of the accident in this case. Thus, it is reasonable to deem that the plaintiff can obtain income equivalent to the unit wage of the major in the report on the actual status of construction business as requested by the plaintiff from the date of the accident in this case until July 15, 2035, which is the end of the operation period.

(c)the ratio of residual disability and labor capacity loss;

The plaintiff suffered from the injury of the part of the right slotle, which is the first half of the length of the accident in this case, due to the accident in this case, the plaintiff suffered from the injury of the second half of the right slotle, and due to that, there was a chilling of the diameter of the right-hand retirement, and a subsequent obstacle to the restriction on the movement of the shotle of the shotle, and thereby lost the labor ability of 5

2) Calculation

If it is calculated as shown in the column of the attached sheet of calculation of damages [actual income], the actual income shall be 6,356,703 won.

(b) Set-off of negligence;

The defendants asserted that the accident of this case occurred due to the plaintiff's wrong response method, and that the plaintiff's negligence should be more than 60%. However, in light of the circumstances surrounding the occurrence of the accident of this case recognized by the above facts of recognition and the whole purport of oral argument, it is difficult to view that there is any negligence that can be said to have caused the occurrence and expansion of the accident of this case to the plaintiff. Thus, the

C. The Plaintiff was subject to temporary layoff benefits from the Korea Workers’ Compensation and Welfare Service from October 17, 201 to March 11, 2012. However, in this case, the Plaintiff sought a lost income from March 12, 2012, and thus, the said temporary layoff benefits are not deducted.

2) The Plaintiff received KRW 13,490,400 as disability benefits from the Korea Workers’ Compensation and Welfare Service, and thus, should be deducted from the lost income.

3) Defendant A paid the Plaintiff a total of KRW 5,402,953 from October 17, 201 to November 30, 2011, which was after the date of the instant accident, as part of the damages, to the Plaintiff, and thus, it should be deducted from actual income (in response, the Defendants should deduct the amount of benefits paid as above from the total amount of damages, including consolation money. However, the said amount of benefits is ultimately in response to the actual income loss (negative) suffered by the Plaintiff from October 17, 201 to November 30, 201, and thus, it cannot be deducted from consolation money. Accordingly, the Defendants’ aforementioned assertion is rejected.

4) Calculation: lost earnings of KRW 6,356,70 - Disability Benefits of KRW 13,490, and KRW 5,402,9530 in total.

(d) Consideration of consolation money 1): The particulars leading up to the occurrence of the instant accident, the Plaintiff’s age and the result of the instant accident, and all other circumstances revealed in the pleadings of the instant case: 2 million won.

E. Sub-committee

Therefore, the Defendants jointly have the obligation to jointly pay to the Plaintiff 2 million won and to pay damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from October 16, 2011, the date when the instant accident occurred to the Plaintiff, to October 14, 201, which is deemed reasonable to dispute about the existence or scope of the Defendants’ obligation to perform as to the existence or scope of such obligation.

Therefore, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge semi-Decree

A person shall be appointed.