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1. The Defendants: (a) each of the Plaintiffs A, KRW 52,496,480, and KRW 2,000,000 to the Plaintiff B, and each of the said money on June 7, 2011.
Reasons
1. Occurrence of liability for damages;
A. On June 7, 2011, Plaintiff A operating “E”, a company for recognition of the fact-finding, performed the work of moving a vessel of approximately one ton at the F plant, at the request of Defendant D, who runs the “F” business.
Defendant C, an employee of F, moved vessels to move vessels by operating tents, and Plaintiff A, while working to string the burners in order to fix the bottom, was covered by Plaintiff A by the chain of the astronomicc strings, and caused injury to Plaintiff A, such as an unstable frame No. 2 in need of medical treatment for about 12 weeks.
(hereinafter referred to as “instant accident.” At the time, the Defendants did not install a protective termination device in astronomiccles, and used a chain without indicating the maximum permissible load.
Accordingly, on July 25, 2013, the Defendants were sentenced to a fine of KRW 3 million each due to occupational injury in Busan District Court Decision 2013Da1116, Busan District Court Decision 2013 decided on July 11, 2013, Defendant D appealed and Defendant C was sentenced to a fine of KRW 3 million again on July 11, 2013, and Defendant C was dismissed. Accordingly, the Defendants appealed by Supreme Court Decision 2013Do14642, but all appeals were dismissed on January 14, 2014.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings
B. According to the facts of recognition as the basis of liability, the Defendants were liable for damages suffered by Plaintiff A and Plaintiff B, its wife, due to the instant accident, since the Defendants did not install a defense termination device in the above transport, but did not indicate the maximum permissible load.
(c) limitation of liability, provided that the operation of transporting machinery by caters may in itself fall down on the machinery being transported due to defects of caters or chains;