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(영문) 인천지방법원부천지원 2015.01.08 2014가합5165
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 56,657,101 per annum from April 17, 2013 to January 8, 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff is the representative director of E, a corporation established for the purpose of running plastic metal manufacturing business, etc. in Kimpo-si D, and the Defendant C (hereinafter “Defendant Company”).

(2) At around 09:30 on April 17, 2013, the Plaintiff was a juristic person established for the purpose of carrying on the plastic container manufacturing business, etc. from Kimpo-si, and the Defendant B was working as the factory site of the Defendant Company. (2) On or around April 17, 2013, the Plaintiff suffered from the Plaintiff’s loss between parts having a function of cutting off the external outline of the minging machine product installed in the Defendant Company’s factory, and parts attached to the minging machine and automatically storing the product by inserting hand between parts having a function of automatically storing the product by attaching the minging machine in the minging machine and parts having a function of automatically storing the product. While Defendant B performed the removal of the minging machine’s parts in the “75 mark automatic knife”, one of the gold sections of the above plastic machine, Defendant B tried to change all of the automatic control devices of the above plastic machine to “OF”, and the Plaintiff’s loss to the left left left part part part part part part of the instant.

(hereinafter referred to as “the instant accident” (hereinafter referred to as “the instant accident”). With respect to the instant accident, Defendant B was prosecuted on November 25, 2013 as a crime of injury by occupational negligence, and on February 21, 2014, sentenced to a fine of KRW 4 million by the Incheon District Court Branch Branch Branch Branch Decision 2013DaMa2192, Feb. 13, 2014, and the said judgment became final and conclusive on February 21, 2014.

B. According to the above facts finding the existence of liability, Defendant B is a party to an negligent tort, and the Defendant Company is an employer of Defendant B, and is obligated to compensate for the Plaintiff’s damages caused by the instant accident.

C. As to the limitation of liability, the Defendants should have confirmed the Plaintiff’s own removal of parts and confirmed all of the type machines.

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