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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a worker belonging to the company of monthly friendship Co., Ltd. (PPPS) (hereinafter the above company), and the defendant is a representative of C.
B. On July 22, 2014, the Plaintiff and the said Company D loaded the said machinery on the cargo vehicle to repair the machinery (weight 60 to 70 km, hereinafter the said machinery) owned by the said Company to repair it, and the Defendant requested repair of the said machinery.
C. The Defendant attempted to confirm and load the above machinery loaded on the cargo, and to verify whether the machinery was abnormal, and the Plaintiff and D were to repair the machinery three times.
The defendant sent a machine to the cargo loaded on the cargo, and called D to walk a starting line.
E. D was placed at the start of the above machine listed above the loading box, and the Plaintiff, which was located near the loading box, tried to put the above machine up with a lush hand.
At that time, the plaintiff's damages contacted with the above machine knife, and as a result, the plaintiff cut the knife of the second knife to the right knife.
(hereinafter referred to as the “instant accident”). The Plaintiff was paid KRW 15,265,780, including temporary layoff benefits, KRW 4,209,680, and KRW 11,056,100, by the Korea Workers’ Compensation and Welfare Service due to the instant accident.
[Ground of recognition] Facts without dispute, Gap 2, 4, and 7-2, Eul evidence 1, Eul's testimony, Eul's testimony, fact-finding reply to the Korea Labor Welfare Corporation, appraiser E's physical appraisal reply, and the whole purport of the pleading
2. Assertion and determination
A. The plaintiff's assertion that the accident of this case occurred due to the defendant's negligence that caused the plaintiff to walk on a train without considering various risk factors that may occur when operating the machinery. Thus, the defendant asserts that the defendant is responsible for compensating for the damage suffered by the plaintiff due to the accident of this case.
The amount of damages alleged by the Plaintiff is ① construction business.