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(영문) 창원지방법원 2015.07.24 2013가단28493
손해배상(산)
Text

1. The Defendant’s KRW 22,411,815 as well as the Plaintiff’s KRW 5% per annum from March 21, 2011 to July 24, 2015.

Reasons

1. Occurrence of liability for damages;

A. In fact, the defendant is the president (the name of the business place) of C, a stock company that manufactures and sells the ship's stolen goods, who employs the plaintiff.

On March 21, 2011, while the Plaintiff was employed by the Defendant, the Plaintiff served a business trip in a business entity called “F” located in Kimhae-si on the same day, and at around 18:00 on the same day, G head of the Working Group, who was making a business trip as the head of the Working Group prepared for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work for the work at the work for the work for the work at the work for the work for the work at the work site and the work for the work for the work

(hereinafter referred to as "the accident of this case"). 【The ground for recognition / [the ground for recognition] The entry in Gap evidence 2, 3, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

B. As incidental obligations under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and where an employee suffers damage by violating such duty of protection, the employer is liable to compensate for such damage (see, e.g., Supreme Court Decisions 9Da60115, Mar. 10, 200; 99Da47129, May 16, 2000). According to the above facts, according to the above facts, the Defendant is liable to provide safety education to ordinary workers as an employer, and to thoroughly supervise his/her work after taking safety measures, such as checking the defects of the workplace, and thus, the Plaintiff is liable to compensate for the damage therefrom.

On the other hand, the defendant, around March 15, 2012, agreed that the defendant would pay the plaintiff the agreed amount of KRW 500,000,000 and the plaintiff would no longer claim damages. However, the plaintiff is not entitled to claim damages.

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