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(영문) 대전지방법원서산지원 2015.07.03 2014가단52249
손해배상(기)
Text

1. The Defendant’s KRW 24,59,627 as well as 5% per annum from January 8, 2014 to July 3, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received KRW 4,620,000 per month (including value-added tax) from the Defendant, a company aimed at manufacturing and installing machinery and equipment and steel structure, and agreed to conduct the business of driving for the company in the Defendant’s factory, and was engaged in the business of driving for the company in the Defendant’s factory from November 4, 2013.

B. On January 7, 2014, at around 17:55, the Plaintiff was faced with an accident that was shocked to the steel structure that was moved outside of the mechanical room inside and outside of the mechanical room (hereinafter “instant accident”). As a result, the Plaintiff suffered bodily injury, such as blood mouth, scarbing with a scarcity, disguised scarfing, blood transfusion, and stokes of Huuri, and was transmitted to C hospital on the same day, and was transmitted to C hospital for the long time, and received hospital damage surgery, and was hospitalized at C Hospital, D Hospital, and E hospital until March 11, 2014.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5, 7 through 11, and the purport of the whole pleading

2. Occurrence of liability for damages;

가. 책임의 근거 ⑴ 당사자의 주장 ㈎ 원고의 주장 원고는 철 구조물 가공작업자 F으로부터 다음날의 작업량에 관한 지시를 받기 위하여 기계실로 이동하던 중 이 사건 사고를 당하였다.

The instant accident occurred due to the mistake that the Defendant neglected safety management, such as the Defendant’s failure to install safety devices at the entrance passage of the mechanical room and the transportation facilities of steel structures, and the Defendant’s employees, without confirming that the Defendant’s employees passed the front of the mechanical room, and caused the mistake in moving the steel structure. As such, the Defendant is liable for all damages suffered by the Plaintiff.

㈏ 피고의 주장 이 사건 사고 지점은 드럼통으로 출입이 통제되고 출입금지 표지까지 부착되어 있던 곳으로 철 구조물 가공작업자 외의 다른 사람의 출입이 엄격히 통제된 곳임에도, 원고가 기계실 담당자 F에게 알리지 않은 채 무단으로 기계실로 들어가려다가 이 사건...

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