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(영문) 서울중앙지방법원 2016.01.28 2014나71148
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff had served as the head of the Working Group of the Defendant Company at the time of the occurrence of the accident described in the following (ii) from November 16, 2004 to November 16, 2004.

2) On January 28, 2013, at around 09:00, the Plaintiff fells into the Plaintiff’s left hand hand, and thereby, the Plaintiff suffered injuries, such as the H-Bam (350 x 175 x 2400 m) from the materials main H-Bam (350 x 175 x 2400 m) located inside the Defendant’s factory building (A and B) located in Pyeongtaek-si (hereinafter “instant accident”). The Plaintiff suffered from the injury of the Plaintiff’s left hand hand hand, i.e., the Plaintiff suffered from the Plaintiff’s 1 balance of 1 balance of the left hand, the raw blaver and the ground blaver, etc. (hereinafter “instant accident”).

3) The Defendant factory was equipped with a h-Bam carrier’s exclusive clock, but the Mag-Bam carrier was blicked to use more than the original, and the employees mainly used the Magic clock when transporting material H-Bam.

4) At the time of the accident of this case, since an excursion ship was the steering gear of the headr of the Sist Trick at the time of the accident of this case, if workers want to transport the material using the said racker, it was close to the material, but after the accident of this case, the racker was replaced by the radio on the wire. [Grounds for Recognition] Facts that there is no dispute, Gap evidence 2, Eul evidence 1 through 4, Eul evidence 1-4, 17, 5, and 16, each statement or image of evidence No. 1-2, Eul evidence No. 1-4, 4-5, and 16, Eul evidence No. D's testimony, part of the testimony of the witness E of the trial, the purport of the whole pleadings [the testimony of Gap evidence No. 4, 5, Eul evidence No. 4-2, 15, 28, and 12-2,

B. According to the facts of recognition of liability, the defendant is obliged to maintain and manage the performance of Magic liftss and safety accidents so that the plaintiff's work can be conducted safely as the user of the plaintiff.

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