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(영문) 대구지방법원김천지원 2019.09.19 2017가단34185
손해배상(산)
Text

1. As to KRW 85,651,008 and KRW 69,031,871 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,204,647.

Reasons

1. Basic facts

A. The defendant is a person who operates a branch company with the trade name of "C", and the plaintiff is a man who has a certificate of national technical qualification as a branch technician.

B. On October 20, 2016, the Defendant sold remote areas to E, who is the owner of the housing unit on the ground of Guro-si, and received a request from the owner of the housing unit, and carried out the instant work with F and E on October 20, 2016, and carried out the instant work with F and the Plaintiff on October 21, 2016.

C. On October 21, 2016, the Plaintiff fell on a bridge while engaging in the worship of the wall upper part of the first floor of the instant housing on October 21, 2016.

(hereinafter “instant accident.” The Plaintiff suffered from light-to-air transfusion (foreign inception), T11, and T12, which had no two inner addresses opened due to the instant accident (hereinafter “instant injury”).

[Ground of recognition] Facts without dispute, Gap's 1 through 4, 7 through 9, Eul's statements or images, witness F's testimony, and the purport of whole pleadings

2. The plaintiff's assertion

A. The Plaintiff is an employee employed by the Defendant to perform the instant work, and the instant accident occurred during the instant work. As such, pursuant to Articles 78 and 79 of the Labor Standards Act, the Defendant is obligated to pay the Plaintiff the amount of KRW 22,79,920 as compensation for medical care (i.e., medical treatment costs of KRW 1,24,309,556 (i.e., medical treatment costs of KRW 8,309,556), and compensation for suspension of work for suspension of work (i.e., medical treatment costs of KRW 1,244,30), and each damages for delay.

B. Since the instant accident occurred by the Defendant’s negligence, which ordered the Plaintiff to carry out a bridge work without paying necessary safety equipment during the instant work, and without taking a sridge, the Defendant shall pay to the Plaintiff totaling KRW 140,480,522 (i.e., daily income KRW 110,480,522) and damages for delay.

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