logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.02.09 2014가단18796
손해배상(산)
Text

1. The Defendant’s KRW 23,663,719 as well as 5% per annum from August 31, 2012 to February 9, 2018, and the next day.

Reasons

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff was a worker employed by the Defendant, who was moving to install a roof board at the upper upper part of 2.5 meters of the Do in which the Defendant’s factory in Ulsan-gu, the Plaintiff was subject to an accident of falling at the center (hereinafter “instant accident”).

B. The Plaintiff suffered injury, such as a pelle of the left-hand 6th left-hand pelle of the instant accident, and pressure pelle of the closed-hand pelle.

C. On August 9, 2013, the Plaintiff terminated the medical care on the injury inflicted by the instant accident, and was paid KRW 24,538,220 of temporary layoff benefits, medical care benefits 29,602,180 of disability benefits, and KRW 22,484,00 of disability benefits by the Korea Workers’ Compensation and Welfare Service.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 2, fact-finding results on the Korea Labor Welfare Corporation, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. The Defendant caused the instant accident by negligence despite the duty of care to take safety education to prevent safety accidents and safety measures to prevent fall when the employees work at a high place.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

B. The Plaintiff’s limitation of liability to compensate for damages also erred by taking a more detailed care when working in a place at a risk of falling, and by failing to do so, to ensure its safety. Therefore, the Defendant’s liability is limited to 70%.

3. Except as otherwise provided under the scope of the amount of damages, it shall be the same as each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

arrow