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(영문) 대구지방법원포항지원 2016.10.11 2015가단3448
손해배상(산)
Text

1. The Defendant’s KRW 91,820,00 for the Plaintiff and KRW 5% per annum from August 13, 2014 to October 11, 2016.

Reasons

A. As an employer, the Plaintiff, as an employee, is liable for damages sustained by the Plaintiff due to the instant accident, since it was negligent in failing to comply with the duty to take necessary measures, such as having physical facilities necessary for safe work so as not to harm the life, body, and health of the Plaintiff.

C. Meanwhile, according to the aforementioned evidence, it is reasonable to view that the Plaintiff’s fault, who had been engaged in sprinkling operations for about 14 years at the time of the instant accident, was not able to secure its own safety, and the Plaintiff’s mistake also caused the occurrence of the instant accident and the expansion of damages. The Defendant’s liability is limited to 60% by comprehensively taking into account the circumstances surrounding the instant accident as revealed in the argument.

2. Scope of liability for damages

A. On-site income: 73,150,000 won 1): The Plaintiff’s age, etc. * Gender: C* Date of birth: C: 51 years old and 10 months old: 51 years old and 10 months old: 29.17 years old and 60 years old: 2 years old until December 18, 2021) as at the time of the instant accident, it is reasonable to calculate the Plaintiff’s monthly income as at the time of the instant accident as 2,718,474 won (i.e. 123,567 won x 22 days).

3) In accordance with the table of physical disability ratio of Mabrid, 26% of urcology institutes (inception before urcology), 39% of urciums (alley, a five-year market) and 21% of urciums (a four-year market) pursuant to the table of physical disability ratio, the Plaintiff did not claim for the remainder of urcium revenues from October 19, 2013 to October 18, 2017 from the date of the instant accident to October 18, 2017, 64.34%, 54.86% from October 19, 2017 to October 18, 2018; and 26% from the date following the date of operation until December 18, 2021).

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