(영문) 인천지방법원 2020.07.03 2019나58288

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.07.03 2019나58288

손해배상(산)

Text

1.The judgment of the first instance court, including a claim that has been reduced and expanded by this court, shall be modified as follows:

Reasons

The grounds for appeal by the defendant cited in the judgment of the court of first instance are the same purport as that alleged in the judgment of the court of first instance, and the judgment on the fact-finding of the court of first instance and the limitation on the occurrence of liability for damages (the second to sixth to seventh) is recognized as legitimate.

Accordingly, the “work force” of the second sentence of the first instance judgment under Article 18 of the former Industrial Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019; hereinafter the same) is deemed to be “work force,” and “37,261,080,” the third sentence “37,261,00” under Article 7 of the third sentence “37,261,00” is deemed to be “37,261,00,” and “A witness I” under Article 11 of the third sentence of the first instance judgment shall be deemed to be “A witness of the first instance court”, “J” and “Article 23 of the former Industrial Safety and Health Act” under Article 23 of the former Industrial Safety and Health Act (amended by Act No. 16272, Jan. 15, 201; hereinafter the same). The fifth sentence of the first instance judgment shall also be deemed to have proximate causal relation between the installation of safety devices and the accident in this case.”

However, the part of "the scope of liability for damages" in Part 8 of the 6th judgment of the first instance court is as follows, since the plaintiff A had extended his claim by filing an incidental appeal at the trial of the party.

Parts used in bulk

4. Scope of loss;

(a) Gender on the basis of negative damage A): The date of birth of a male: The date of an accident on October 13, 2015: The maximum working age on the date of the accident on October 13, 2015: 29 years of age: May 19, 201: Until April 23, 2051 (the plaintiff A is a foreigner of Chinese nationality, but is able to provide his/her labor continuously in the Republic of Korea by means of renewal of employment visa, etc. except in extenuating circumstances, the maximum working age shall not be deemed differently.

Applicable wages: The unit wage for the city of the general public.

참조조문

-민사소송법 제420조

-산업안전보건법 제23조

유사 판례

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