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(영문) 서울북부지방법원 2015.02.12 2011가단40967
손해배상(산)
Text

1. The Defendant’s KRW 39,38,471 as well as 5% per annum from April 29, 2011 to February 12, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Defendant Company is a corporation engaged in passenger transport and transport business, and the Plaintiff is a maintenance worker who maintains a vehicle at the Defendant Company B’s B business office.

(2) On April 29, 2011, the Plaintiff: (a) around 13:10 on April 29, 201, the Defendant Company’s B business office: (b) loaded an accident vehicle using the air-line to change the exhaust disc of buses C (hereinafter “accident vehicle”); and (c) performed maintenance work on the bottom of the vehicle, the air-line was divided into the Plaintiff’s neck and blurth of the accident vehicle as the lock lock was not fixed; and (d) thereby, the Plaintiff suffered from injury, such as the pressure pressure durging and the flurging of the chest.

(hereinafter “instant accident”). (b)

According to the facts of recognition of liability, although the defendant, as an employer of the plaintiff, has a duty to maintain a physical environment so as not to harm life, body, and health in the course of providing labor, and to take necessary safety measures, he did not properly take necessary measures to prevent the fall of the accident vehicle, such as having the plaintiff work at the bottom of the accident vehicle in danger of fall without fixing the lock lock, and the vehicle involved in the accident was damaged by the plaintiff due to the sudden omb during the work. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the violation of the above safety measures obligation.

C. Limit of liability: (a) the Plaintiff, despite its duty of care to take necessary measures for his safety in the course of maintaining the maintenance work, was erroneous in working without fixing the lock lock devices of the Egypt; and (b) such erroneous act was the cause of the occurrence or expansion of the damage caused by the instant accident.

As such, the defendant's liability is limited to 30% by taking this into account.

[Reasons for Recognition]

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