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(영문) 창원지방법원 2019.04.19 2017가단117957
손해배상(기)
Text

1. The Defendant’s KRW 83,262,617 as well as the Plaintiff’s annual rate from May 14, 2017 to April 19, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B Company is a company engaged in the business of manufacturing machinery and equipment. Nonparty D concluded an intra-company labor contract with the Defendant and concluded an intra-company labor contract with the Defendant, and is a company that performs tasks such as control assembly, melting, correction, and follow-up treatment in the Defendant’s factory. On May 14, 2017, the Plaintiff suffered an open accident (hereinafter referred to as “the instant accident” in which he was employed by the Plaintiff, under the framework of 70 tons of equipment, from the Defendant’s workplace located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, in the Defendant’s workplace located in Chungcheongnam-gu, in the face of Chungcheongnam-gu, in the face of 70 tons of equipment.

(2) On May 14, 2017, the Plaintiff performed a cutting of 1,2,3 parts of right, and a composite tissue transplantation surgery; however, on June 2, 2017, the Plaintiff conducted a cutting operation on the right-hand 1 strings; and thereafter conducted a cutting operation on June 2, 2017.

On October 30, 2017, the Plaintiff received the disability ratings of class 10 and class 00 applied mutatis mutandis by the Korea Labor Welfare Corporation.

3) On January 29, 2015, B Co., Ltd. was ordered to commence rehabilitation proceedings as the Daejeon District Court 2014 Ma5024, and the Defendant was appointed as the administrator of the said company (hereinafter referred to as “Defendant and the said company”) and was appointed as the Defendant.

(ii) [Grounds for recognition] without dispute, Gap evidence 1, 2, Gap evidence 4, 5, Gap evidence 7, 8, Eul evidence 2, and 3 (including branch numbers if any; hereinafter the same shall apply);

- The purport of the whole pleadings

B. In the case of the so-called labor contract where a contractor directs a specific act or awards a contract for a specific project, a contractor shall have a person who directs and supervises work at the site, and the employees and other workers shall take necessary measures in advance so that they may safely work.

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