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(영문) 서울북부지방법원 2015.10.30 2014가단124569
손해배상(산)
Text

1. The Defendant’s KRW 56,84,860 for the Plaintiff and its 5% per annum from June 3, 2014 to October 30, 2015.

Reasons

1. Occurrence of liability for damages;

A. From June 1, 2012, the Defendant’s liability for damages, the Plaintiff served in the General Department of “D” for the Defendant’s operation in Yangju-si, and on September 21, 2012, the Plaintiff did not dispute between the parties to the instant accident by falling down the floor and falling down on the top, resulting in an injury to the Defendant’s operation of the first influence, such as the exposure of the first influent emission frame, etc. (hereinafter “instant accident”) in order to check the failure in the electrical location of the electric control tower installed at a height of approximately four meters from the outer wall of the D building on September 21, 2012.

According to the above facts, the defendant, as the plaintiff's employer, is obligated to complete safety inspection of the facility before he gets on a lifts for the inspection of electric control tower, and to take measures for safety management by conducting safety education to the plaintiff, etc., but the accident of this case occurred due to negligence that did not take such measures. Thus, the defendant is liable to compensate the damages suffered by the plaintiff due to the accident of this case

B. Limit of liability, however, the Plaintiff’s negligence was not attributable to the Plaintiff’s failure to ensure his own safety by checking the state of lifts in advance or taking safety measures, and thus, the Defendant’s liability is limited to 70% by taking account of the amount of damages that the Defendant is liable to compensate for.

2. In addition to the scope of compensation for damage, each item of the attached Table of the calculation of damages shall be the same as the corresponding item, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information on lost income 1: The term "basic matters" in the attached Form for calculation of the amount of damages.

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