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(영문) 대전지방법원 천안지원 2018.07.18 2017가단112665
손해배상(산)
Text

1. The Defendant’s KRW 36,376,414 and the Plaintiff’s annual rate of KRW 5% from October 12, 2015 to July 18, 2018.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant is a company engaged in plastic sales business related to automobile parts. 2) The Plaintiff of Vietnam’s nationality entered into an employment contract with the Defendant on January 25, 2012 and left the Defendant’s factory on February 8, 2017.

B. On October 12, 2015, at around 19:30 on October 13, 2015, the Plaintiff was subject to an accident where plastic resin tightly cut inside the Defendant’s factory and cut down, using a dracker and dracker, and the Plaintiff was forced to cover the Plaintiff’s face and hacks (hereinafter “instant accident”).

C. The Plaintiff’s injury suffered two-dimensional images of the inner section, the front section, the front section, and the left part, due to the instant accident.

【Reason for Recognition】 Each entry in the evidence of subparagraphs 1 through 4 (including the number of branches), and the purport of the whole pleadings

2. Whether liability for damages has arisen and the liability has been limited;

A. Comprehensively taking account of the overall purport of pleadings as to the testimony of Gap evidence 7-1 through 6 and witness Eul, ① if a work executor temporarily suspends the work without blocking all of the machinery while operating a shooting machine while in operation, it is hard to say that plastic water inside the machinery is overheated, and if this situation continues, it is impossible to prevent the inside of the machinery, and ② the defendant provided workers with education to stop the work at the shooting machine without turning all of the shooting machine, but it was necessary to remove plastics more than 3 or 4 times a month because the work has ceased against this, and ③ the plaintiff cannot repair the machinery that is not operated due to plastic water, while the accident in this case occurred.

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