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(영문) 부산지방법원 2016.01.14 2015가단18332
손해배상(기)
Text

1. The Defendant’s KRW 16,267,726 as well as the Plaintiff’s annual rate of KRW 5% from March 18, 2015 to January 14, 2016.

Reasons

1. Occurrence of liability for damages;

A. On November 11, 2014, around 9:30 on November 11, 2014, the Plaintiff operating a truck transportation business under the trade name “C” visited the Defendant factory for trucking transport.

Defendant D’s representative director used for the forking vehicle to have the cargo loaded in the Plaintiff’s cargo loaded in the Plaintiff’s cargo loaded in the Plaintiff’s cargo, and had the Plaintiff take the cargo loaded in her hand, and received the cargo. The Plaintiff’s loss incurred the Plaintiff’s injury between the product and the item by operating the forking vehicle.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence No. 8, and purport of the whole pleadings.

B. The Defendant, the employer of the responsibility, was responsible for compensating the Plaintiff for the damages incurred by the instant accident, since the Plaintiff was unable to perform its duty to protect the risks arising from such work, while allowing the Defendant, who is an employer of the liability, to have the driver, who was a worker, to perform the work for causing harm to others.

C. Limit of liability: (a) the Plaintiff, as well as the Plaintiff, was negligent in neglecting its duty to ensure its own safety; (b) thus, in calculating the amount of damages in the instant case, the Defendant’s liability is limited to 90% of the total

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

In a report on the investigation of the actual wage conditions of construction business issued by the Korea Construction Association (1) the unit wage for the number of cargo cars shall be applied (11,861 won in the second half of the year 2014, 115, 755 won in the first half of the year 2015), 2) the unit wage for the number of cargo cars shall be applied (11,861 won in the second half of the year 2014, and 115,755 won in the first half of the year 201

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