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(영문) 창원지방법원 통영지원 2017.01.11 2016가단21598
손해배상(산)
Text

1. The Defendants: (a) each of them paid KRW 2,00,000 to Plaintiff A, and KRW 500,000 to Plaintiff B and C, respectively; and (b) each of the said amounts.

Reasons

1. Basic facts

A. Plaintiff A and Defendant D are the employees of Defendant Enden Co., Ltd. (hereinafter “Defendant Enden”), a partner of Hyundai Heavy Industries Co., Ltd., and Plaintiff B is the spouse of Plaintiff A and Plaintiff C’s mother.

B. At around 11:00 on July 23, 2015, Defendant D and Defendant D were punished by Plaintiff A on the ground that, while cleaning in Q-204No. 5 line at the Hyundai Heavy Industries Workplace located in Ulsandong-dong defense Dong-dong, the Plaintiff made a statement to “A must make a request for leisure” and made an instruction.

During that, Defendant D reported the Plaintiff’s failure to walk the Defendant D’s work equipment, but the Plaintiff’s desire was defective, and the Plaintiff displayed the Plaintiff’s drinking time to the Plaintiff.

Then, Defendant D added the Plaintiff’s bags to Plaintiff A while putting the Plaintiff’s bags in the construction section, exceeded the safety appearance used by Plaintiff A, and laid down Plaintiff A toward the part of Plaintiff A, and caused Plaintiff A to put up an excellent aggregate of water that requires approximately six weeks of treatment.

(hereinafter referred to as “instant accident”). C.

Defendant D was prosecuted for committing the instant accident, and was issued a summary order of KRW 2,00,000 on November 11, 2015, and the said summary order became final and conclusive around that time.

Plaintiff

A due to the instant accident, from July 27, 2015 to February 27, 2016, A was hospitalized for 31 days, and 185 days in total, and was paid as KRW 25,785,40 in total, medical care benefits 2,528,190 in industrial accident compensation insurance, and disability benefits 9,379,630 in total during the same period.

【Fact-finding without dispute over the ground for recognition, entry of Gap's evidence 1 through 5, 7, and 8, and purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. According to the above facts of recognition, Defendant D is an illegal act against Plaintiff A, and Defendant AD is an employer of Defendant D, who is liable for the damages suffered by the Plaintiffs due to the instant accident pursuant to Articles 750 and 756 of the Civil Act.

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