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(영문) 창원지방법원 2016.12.09 2015가단75363
손해배상(산)
Text

1. The Defendant’s KRW 10,232,595 as well as 5% per annum from August 16, 2013 to December 9, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On August 6, 2013, the Plaintiff joined the Defendant Company and was engaged in removing the tapes attached to the steel in the factory at around 10:10, and the Defendant Company’s employees, transferred the steel bars removed from the tapes to the truck outside the factory using the electric car, but the Plaintiff’s moving to the truck outside the factory. However, in the first time, the Plaintiff was able to remove the tapes by reporting that the tapes are attached to the steel bars that the Plaintiff moved to the factory, and the Plaintiff was able to remove the tapes. In the second time, in the second time, the Plaintiff followed the instant multilateral divers, followed the Plaintiff’s own divers, followed the Plaintiff’s right hand and shock, etc., by falling down in the future, depending on the pipe nature.

(hereinafter “instant accident.” The Plaintiff suffered injuries, such as the instant accident of this case, such as the mouth and mouth of the opening of the right to the right part, the 1, 2-side table of the right part, and the 1, 2-side table of the upper part.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 3, and 5, witness B's testimony, purport of whole pleadings

B. The instant accident, as an employee of the Defendant, occurred due to sudden negligence, even though there was a risk of fall in the steel bars while driving a troupe vehicle B, which is an employee of the Defendant.

The defendant is the employer of B and is liable to compensate the plaintiff for the loss incurred to the plaintiff in connection with his business.

C. However, the limitation of liability is limited to the case where the plaintiff's vehicle is in operation, even if he did not enter the course of the operation and the competition of the working party and did not have a duty of care to prevent the accident, and the driver was in operation without prior expression of intent. The plaintiff's error is deemed to have caused the occurrence of the accident in this case and the expansion of damage, so the defendant's liability is limited to 40% by taking this into account in calculating the amount of damages to be compensated by the defendant.

(60%) 2. The period for the convenience of calculation below within the scope of liability for damages shall be calculated on a monthly basis.

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