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(영문) 광주지방법원 2017.04.06 2016나673
손해배상(산)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Facts that no dispute exists;

A. The parties’ relevant defendant limited liability company C (hereinafter “Defendant C”) operate the E-factory located D (hereinafter “instant factory”) at the time of discussion.

The Plaintiff and Defendant B as an employee of Defendant C, who was engaged in pipeline work at the instant plant at the time of the instant accident.

On the other hand, the plaintiff is in charge of the above factory site as an adjoining factory.

B. 1) The instant accident occurred. Under the roof of the instant factory, pipes for the air or gas transmission and ventilation of the air or gas, and the lower mid-tent (hereinafter referred to as the “mid-tent”).

(2) On June 29, 2013, at around 10:20, the Plaintiff and Defendant B: (a) went to and out of the middle river of this case; (b) went to and out of the middle river of this case; and (c) went to and out the middle river of this case through the access channel; (d) Defendant B, at that time, engaged in the mutual-aid pipe operation on the part of the middle river of this case; and (e) the Plaintiff engaged in the practical-conconcing operation on the part of the middle river of this case. The ceiling structure of the factory of this case and the location of the Plaintiff and Defendant B’s work are as follows. At the time of the accident of this case, the Plaintiff and Defendant B’s location at the time of the instant plant of this case, representing the location of the Plaintiff and Defendant B as a ground plan, and then fell to the lower part of the middle river of this case, and the Plaintiff fell to the lower part of the lower part of the lower part of the ground of this case.

(hereinafter referred to as “instant accident”). The Plaintiff suffered injuries, such as minculverization of the sloping on the sloping side and sloping sloping on the sloping side.

C. The Plaintiff’s receipt of industrial accident compensation insurance benefits received respectively KRW 32,251,90 of temporary layoff benefits, medical care benefits of KRW 17,964,810, and disability benefits of KRW 19,737,510 until July 27, 2015, after the instant accident occurred.

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