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(영문) 수원지방법원 2017.10.13 2016가단503578
손해배상(산)
Text

1. The Defendant’s KRW 2,478,867 as well as the Plaintiff’s KRW 5% per annum from December 29, 2013 to October 13, 2017.

Reasons

1. Basic facts are the victim who was employed by the defendant company as an employee of the defendant company and was injured while working under the defendant's direction, and the defendant is a stock company established with the main purpose of the elevator maintenance and repair management business.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, Eul evidence 1 (each number is included; hereinafter the same shall apply), each video and the purport of the whole pleadings

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

A. On December 29, 2013, at around 09:30, the Plaintiff: (a) received a report that the elevator No. 1 of the apartment apartment No. 650 in Suwon-si, Suwon-si, Gyeonggi-do was broken down; and (b) confirmed that the elevator No. 1 of the apartment No. 650 in the Suwon-gu, Suwon-si, Gyeonggi-do was called out to the above apartment building to repair the said elevator; (c) confirmed whether the relevant elevator was stopped at around 10:0 on the same day; and (d) tried to move to the mechanical room on the rooftop of the apartment building.

Accordingly, in order to find a route to move to a mechanical room connected to an elevator broken down by getting on the rooftop, an elevator installed adjacent to an apartment, and to move to the said mechanical room, the Plaintiff, who sought to move to the said mechanical room, she fell off from the rooftop to the wind of vadi, and thereby, the Plaintiff suffered injury, such as the right-hand pelle and the steel pelle.

B. Since the Plaintiff’s employer, who was the Defendant’s employee at the time of the instant accident, was well aware of the apartment structure, the Defendant neglected the Plaintiff’s duty of safety consideration, which is the duty of good faith and duty of care to ensure safety, in accordance with the good faith principle, in order to prevent the movement of machinery at the time of repairing the apartment rooftop, by installing facilities for the repair of machinery (e.g., on the apartment rooftop) or providing safety education at any time, and ordinarily, to attract attention to the employees in the course of repairing the elevator.

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