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(영문) 울산지방법원 2017.06.23 2015가단839
손해배상(산)
Text

1. The Defendant: (a) KRW 43,147,378; and (b) KRW 2,00,000 to Plaintiff B; and (c) each of them, from August 28, 2014 to June 2017.

Reasons

1. Facts of recognition;

A. On April 1, 2014, Plaintiff A entered into an employment contract with Defendant Young Chemical Co., Ltd. (hereinafter “Defendant Company”) and took charge of cleaning and arranging the instant place of business located in Ulsan-gu CD (hereinafter “instant place of business”).

B. On August 27, 2014, E did not find in advance the Plaintiff A, who was prising from the floor of the said place of business while driving the F in the said place of business on August 27, 2014, and shocked the part of the Plaintiff A’s bridge with the back wheels of the said vehicle.

(hereinafter referred to as “instant accident”). C.

Plaintiff

A owing to the instant accident, A suffered bodily injury, such as the alley and knee, open standing rooms of knee and knee. D.

Plaintiff

B is the spouse of the plaintiff A.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As an incidental duty under the good faith principle accompanying an employment contract, an employer is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employer is liable to compensate for damages incurred by an employee by violating such duty of protection.

According to the facts acknowledged earlier, the Defendant Company, as an employee, bears the duty of care and safety consideration for the Plaintiff A. As such, at the time of the instant accident, the Defendant Company failed to take safety measures necessary for the prevention of collision with other workers, etc. even though it was obligated to assign the number of signal numbers, supervisors, etc. when the vehicle owner, etc. moves from the instant workplace at the time of the instant accident, and failed to perform the said duty. Accordingly, the instant accident occurred.

Therefore, the plaintiff suffered from the accident of this case.

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