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(영문) 대구지방법원포항지원 2019.09.24 2019가단101807
손해배상(산)
Text

1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 19, 2018 to September 24, 2019.

Reasons

1. The defendant asserts that the lawsuit in this case filed with this court without territorial jurisdiction is unlawful, while the monetary obligation is the place where the plaintiff's domicile is the place where the obligation is performed (Article 467 of the Civil Act), and the lawsuit on property rights may be brought to the court where the obligation is performed (Article 8 of the Civil Procedure Act), and the court having jurisdiction over the domicile of the plaintiff is one of the competent courts of the lawsuit in this case

Therefore, the defendant's main defense is without merit.

2. Determination on the merits

A. The Plaintiff, who was employed by the Defendant from around December 11, 2017 to work in milch farm operated by the Defendant and worked in the Defendant on April 19, 2018 (hereinafter “instant accident”). The Plaintiff and the Defendant, on June 28, 2018, did not have any dispute between the Plaintiff and the Plaintiff on the following facts: (a) purchase of artificial aids and aids for general use [20,00 won, replacement cycle three years, average number number number 65 years, and number 11 replacement (total number 12 purchases) after the first purchase; and (b) the Plaintiff and the Defendant did not have any dispute between the Plaintiff and the Plaintiff on June 28, 2018, with respect to the instant accident and its appraisal number 3,4,55 parts of the right, and the Plaintiff paid them to the Plaintiff on June 28, 2018.

B. As to the occurrence of the instant accident, the Plaintiff: (a) put the feed into a feed exhauster, which is a weight of about 5 tons in Simman, with respect to the details of the instant accident; (b) put the feed into a feed exhauster, which is a weight of about 15 tons in Simman; and (c) put the feed exhauster into a 120 maricocon; and (d) put the feed into a mixer, which is a kind of 12

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