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(영문) 수원지방법원안산지원 2016.07.06 2014가단116745
손해배상(산)
Text

1. The Defendants jointly share KRW 29,63,461 as well as 5% per annum from January 20, 2014 to July 6, 2016.

Reasons

1. Occurrence of liability for damages;

A. Under the facts acknowledged, each of the following facts is without dispute between the parties, or acknowledged based on Gap evidence 1, Eul evidence 3, Eul evidence 2, Eul evidence 3, Eul evidence 3, Eul evidence 8, Eul evidence 2, Eul evidence 4, part of Eul evidence 2, Eul evidence 4, Eul's witness's witness's testimony, and the whole purport of the arguments as a whole, and the witness's testimony is contrary to Gap evidence 2, Eul evidence 4, part of Eul evidence 4, witness's witness's testimony is likely to be trusted, and there is no other counter-proof.

(1) The Plaintiff entered into a labor contract with Defendant Company Jinsung Co., Ltd. (hereinafter “Defendant Company”) on the terms of working period from November 1, 2013 to October 30, 2014. According to the dispatch of Defendant Company, the Plaintiff was dispatched to Defendant B’s workplace D E (hereinafter “instant workplace”) and had Defendant B carry out presses work, and the Plaintiff entered into a labor contract with Defendant B.

(2) On January 20, 2014, when the Plaintiff had worked as above, the Plaintiff continued to resume work at around 15:40 on the same day after the Plaintiff took a rest in the press system using the press system installed in the instant workplace.

(3) The presses are operated by safety 1 administration or continuous scam in the way of their action (in the event of the action by the safety 1 administrative cam, each worker does not operate the presses without the pressing installed on both sides of the machinery by hand, while if the worker takes action by continuous scam, then the presses shall operate at regular intervals even if the worker does not take the presses once every time). The choice is made by means of a multi-ice operation tool on the upper part of the right side of the presses, and the location at which the safety 1 administrative cam choice is located on the right side of the presses.

(4) However, while resumption of work, the Plaintiff excessive the operation mechanism in selecting the motion cap of the press.

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