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(영문) 광주지방법원 2019.05.31 2018나62316
손해배상(산)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is that the witness H’s testimony in the second sentence of the judgment of the court of first instance is changed to “the witness G of the court of first instance” and the reasoning of the judgment of the court of first instance is the same as the part of the 1. Basic Facts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s alleged Defendants had a duty of care to direct and supervise the Plaintiff and G to proceed with work in a safe state by providing sufficient safety education on accidents that may arise in the course of work as a user of G. However, the instant accident occurred due to negligence due to the Defendants’ negligence in neglecting the aforementioned duty of care.

Therefore, pursuant to Article 756(1) of the Civil Act, the Defendants stated that the Plaintiff’s legal basis of the cause of the claim is “the seeking employer’s liability under Article 756 of the Civil Act” as to the legal basis of the cause of the claim at the first date of pleading of the appellate trial.

Jointly, the Plaintiff is liable to compensate the Plaintiff for the damages incurred by the instant accident (=161,267,432 won = 3,294,988 won (=117,868,677 won in daily income) 1,647,285 won in early nursing expenses (aftermath nursing expenses) 9,183,452 won (aftermath medical treatment expenses) 9,183,452 won (aftermath medical treatment expenses) - 75,837,590 won (the amount paid to the Labor Welfare Corporation)).

3. Determination

A. The orderer of relevant legal principles is not liable to compensate for the damage inflicted on a third party on the work unless there is gross negligence on the contract or instruction (Article 757 of the Civil Act). If the orderer has reserved specific direction and supervision rights on the work progress and method of the contractor in the case of the so-called labor contract such as where the orderer directs a certain act to the contractor or awarding a specific project, or the orderer has reserved specific direction and supervision rights on the work progress and method of the

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