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(영문) 인천지방법원부천지원 2017.09.21 2016가단121323
손해배상(산)
Text

1. The Defendant’s KRW 44,598,256 for the Plaintiff and 5% per annum from October 26, 2015 to September 21, 2017 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is a person who operates the parts manufacturing company “D” in Kimpo-si, Kimpo-si, and the Plaintiff is a person who has been employed in the aforementioned D as a daily employee. 2) The Plaintiff has been working in D through the human resources office since September 2015.

3) On October 26, 2015, the Plaintiff mainly performed the preparation work for presses in D, and on behalf of the staff in charge, for the first time (hereinafter “instant presses”).

2) An accident that misleads and operates the press machine of this case while carrying out the business by directly affixing the parts (hereinafter referred to as “instant accident”).

(4) At the time of the instant accident, the Plaintiff, while using the presses, was divided into the presses at the time of the instant accident, failed to function well, and the management staff ordered the Plaintiff to re-use the presses after completion of the check of the presses at the time of the instant accident, and repeated the suspension of operation and the check over two or three times thereafter.

Since then, while the Plaintiff was using the press machine of this case, it was divided into a part and a transfer pressing, but it was not made, and again, the instant press room had been cut down. Although the Plaintiff did not take over the hand in order to take out the products made by the Plaintiff, the instant press room and the instant accident occurred.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, the result of the questioning of the plaintiff himself, the purport of the whole pleadings

B. The employer who established the liability for damages is an incidental obligation under the good faith principle accompanying the labor contract and thereby life, body, and health in the course of providing labor to the employee.

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