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(영문) 대전지방법원 2019.10.30 2018가단219694
손해배상(산)
Text

1. The Defendant’s KRW 291,656,858 as well as 5% per annum from April 27, 2018 to October 30, 2019 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an employee employed by the Plaintiff in C, and was engaged in the work of cutting off the freight on the G Tracler vehicle run by F at the 10th working sets of the distribution terminal located in Daejeon Tae-gu, Daejeon, Daejeon (hereinafter “instant Ga”) at around February 10, 2015, while the Plaintiff had already moved from the Gack while connecting the instant Gac vehicle with the container. However, even though the Defendant had already moved from the Dock, in order to load the freight into the container of the instant Gacing vehicle, the Plaintiff felled on the floor below 1.45m of Dadididididididididididididididididididididididididididididididi

(hereinafter “instant accident”). B.

The Plaintiff was injured due to the instant accident, such as cerebrovascular and left-hand paralysis, and received respectively from the Korea Labor Welfare Corporation KRW 51,011,600 of temporary layoff benefits and KRW 87,796,300 of medical care benefits.

C. On the other hand, the defendant is a mutual aid business operator who has entered into a contract for automobile mutual aid with the content that the defendant shall pay the compensation for damages in case of loss to other persons due to the operation of the instant sea vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 4, 14, Gap evidence 3-6, Gap evidence 5-3, 6, Eul evidence 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition 1 as the ground for the liability for damages, F, at the time of the instant accident, was aware that the employee was engaged in driving the instant sea-going vehicle with the container at the time of the instant accident, was carrying out the work to load the cargo with the container of the instant sea-going vehicle at the time of the instant accident, a thorough examination of the process and completion of the work, whether the employee was moving from the container to the safe location after the completion of the work, and the container is connected after the employee who was engaged in the instant sea-going vehicle moving to the safe location.

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