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(영문) 부산지방법원 2017.05.25 2016가단325723
손해배상(산)
Text

1. The Defendant paid KRW 18,837,960 to the Plaintiff and 5% per annum from July 23, 2013 to May 25, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established for the purpose of manufacturing metal assembly structural materials, etc., and the plaintiff was employed in the defendant company as a mechanical machine.

B. On July 23, 2013, at around 16:00, the Plaintiff: (a) placed a steel structure in a factory of the Defendant Company (the work of using a modified part and restoring it to its original state by using a heat); (b) laid down a steel structure with one steel structure as a string part of the steel structure in order to ensure the equilibrium of the steel structure; (c) laid down a steel structure; and (d) chilled with a steel structure; and (e) divided the steel structure into the steel structure into the wind that falls below the lower part; and (e) sustained a plehing 11,12, 12, 2, and 3 emission frame.

(hereinafter referred to as "the disaster of this case". (c)

The Plaintiff received respectively KRW 60,409,210 of temporary layoff benefits, medical care benefits 37,490,130, and disability benefits 28,668,050 of disability benefits, based on the period of medical care, from July 23, 2013 to May 31, 2015, after receiving the determination of an industrial accident from the Korea Workers' Compensation and Welfare Service due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3, video (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the defendant, as an employer, has a duty to establish a safe physical environment and take necessary measures so that the plaintiff, who is an employee, does not harm life, body, and health in the course of providing the above labor, thereby preventing the accident in advance. Thus, the defendant is liable to compensate the damages suffered by the plaintiff due to the accident in this case.

B. Limit of liability, however, considering the circumstances revealed in the entire process of pleadings, such as the occurrence of the instant disaster, the Plaintiff also salvling the steel structure both in cases of performing the said work.

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