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The defendant's KRW 114,251,741 to the plaintiff and its related KRW 5% per annum from August 8, 2018 to February 5, 2021.
Reasons
1. Occurrence of liability for damages;
A. In accordance with the labor contract concluded with the Defendant, the Plaintiff was performing the work of installing a broadcast stage equipment using pipes in the C auxiliary stadium located in Suwon-si around November 3, 2017. However, an accident that the Plaintiff fells on the ground on the wind destroyed by the boom line pipe (hereinafter “instant accident”).
2) Due to the instant accident, the Plaintiff sustained an injury, such as a scarcity, etc.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply) or images, the result of the commission of physical appraisal to D hospital heads of this Court, the result of factual inquiries, the purport of the whole pleadings
B. As an incidental duty under the good faith principle attached to a labor contract, an employer is obligated to take necessary measures, such as improving human physical environment, so that a person under consideration does not harm his/her life, body, and health in the course of providing his/her labor, and is liable to compensate for damages inflicted on the person under consideration by violating such duty of protection (see, e.g., Supreme Court Decisions 9Da47129, May 16, 2000; 9Da60115, Mar. 10, 2000). The following circumstances revealed in full view of the purport of the arguments or video of each evidence mentioned above are revealed. In other words, the Defendant should take measures to prevent fall where the Plaintiff works at a place where the Plaintiff is at risk of falling, and the Defendant bears the duty to protect the Plaintiff from being damaged by failing to properly maintain the pipe so that he/she does not harm his/her body during his/her work. Thus, the Defendant is liable to compensate for damages suffered by the Plaintiff due to the instant accident.
(c)
However, the limitation of liability is the whole purport of the entry and change of each evidence mentioned above.