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(영문) 대전지방법원홍성지원 2015.01.14 2013가단4951
손해배상(산)
Text

1. The Defendants amounting to KRW 49,352,704 for each Plaintiff and KRW 5% per annum from June 8, 2011 to January 14, 2015.

Reasons

1. Basic facts

A. On June 8, 201, the Plaintiff was an employee of Defendant Echip Co., Ltd. (hereinafter “Defendant Echip”), and was engaged in the removal of wooden project, which was carried out by the Plaintiff in the boiler inside the boiler of Boan-si C power plant D heading in Boan-si, Boan-si, B, at the scene of the project for the removal of wooden project, at the six scopic angles inside the boiler of the boiler located in Boan-si, B, and suffered an injury, such as the drilling, by turning the scop in the direction into one direction and falling (hereinafter “instant accident”).

B. Defendant Han Electric rink Co., Ltd (hereinafter “Defendant Han Electric”), is the general manager of the foregoing construction, and the Defendant Korea Facilities and Equipment Construction Mutual Aid Association (hereinafter “Defendant Association”) concluded a mutual aid agreement on industrial accidents between Defendant Lee KK and workers.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the accident of this case occurred due to incomplete safety and protective measures concerning the construction site of the defendant Eul-K and Han River. Thus, the above defendants as joint tortfeasor is liable to compensate the plaintiff for damages based on the above mutual aid agreement.

However, it is reasonable to limit the liability of the defendants to 70% in light of the fact that the plaintiff did not confirm whether the triang was properly fixed in the course of the tanking to Triang, and that the plaintiff did work without any separate fall prevention device.

B. Except as otherwise provided under the scope of damages, it is listed in the attached Form No. 1.

In principle, the period shall be calculated on a monthly basis, but the amount less than a month for the convenience of calculation shall be included in the side on which the amount is less than the won and less than the last month, and the calculation of the actual value as at the time of the accident shall be at the rate of 5/12 per month.

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