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(영문) 울산지방법원 2017.06.29 2016나23496
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On April 30, 2012, the Plaintiff was employed by the Defendants at the “F” located in Yangsan-si operated jointly by the Defendants (hereinafter “instant place of business”), and served as the tallyman.

B. At around 10:20 on January 31, 2013, the Plaintiff: (a) was under the direction of the Vice-President to take out the goods stored by “H” at the instant workplace; (b) 20 knife KON KON 20 knife KON 20 knife 25 km, and 4 knife knife 200 g in total, the Plaintiff got into a warehouse where the said goods were stored without a construction machinery operator’s license to enter the warehouse; (c) 2.7m in width; (d) 4m or 5m in length; and (e) 25 to 35 degrees in slope, knife knife knife knife knife knife knife knife knif.

(hereinafter “instant accident”). C.

The plaintiff suffered injuries, such as the appearance of the left-hand satisfaction, the appearance of the opening and the charnel room, etc. due to the accident of this case.

After all, the Plaintiff received hospital treatment for 124 days from the date of the instant accident until July 1, 2015, and for 466 days, and received hospital treatment for 25,087,180 won of temporary layoff benefits and 16,138,350 won of disability benefits and 18,401,080 won of disability benefits, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5 (including each number, hereinafter the same shall apply), Eul evidence 1 and 4, and the result of fact inquiry into the Korea Labor Welfare Corporation of the first instance, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. (1) The Plaintiff’s assertion (1) caused the instant accident in violation of the duty of safety consideration, such as having the Plaintiff, who did not take sufficient safety measures as the Plaintiff’s user, drive the instant vehicle with a difficult gradient, etc., and thus, the Defendants jointly are liable to compensate the Plaintiff for the damages incurred therefrom.

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