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(영문) 청주지방법원 2017.01.13 2016가단101389
손해배상(기)
Text

1. The Defendant’s KRW 78,745,988 and its relation to the Plaintiff’s KRW 5% per annum from March 8, 2016 to January 13, 2017.

Reasons

1. Basic facts

A. On January 15, 2014, the Plaintiff, along with the team leader C at around 01:0 on January 15, 2014, suffered from high pressure lines that require approximately 10 weeks of medical treatment, such as body parts, right upper parts, and water parts, and three to four-four-do images of which are not left left-hand.

(hereinafter “instant accident”). (b)

On February 26, 2014, after the instant accident, the Plaintiff was hospitalized in the Han River University Dental Hospital on February 26, 2014, and was conducted with respect to the electric images of the upper right side and the left side from the date of the instant accident until April 8, 2014.

C. The Plaintiff filed an application for medical care benefits and temporary layoff benefits with the head of the Korea Workers’ Compensation and Welfare Office’s Branch on the ground that the instant accident was an occupational accident and received the payment of KRW 134,549,840 in total of KRW 134,549,840 of the medical care benefits, temporary layoff benefits, 70,184,850.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 12 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiff's assertion 1) The plaintiff was involved in the accident while performing the above work under the direction of the defendant's and the defendant's employees C's work. The defendant, as the plaintiff's employer, was forced to cut off or cut off the high-tension line in the tunnel, and the plaintiff violated his duty of care and duty of safety protection for employees in the tunnel and duty of safety protection, and caused the plaintiff to cut off the plaintiff's damage due to the accident in the instant case. 2) The defendant did not employ the plaintiff, and the plaintiff was merely an employee of the defendant's identity construction company.

Even if the Defendant is the Plaintiff’s employer, the instant accident is not likely to be related to the employee’s business and may normally occur.

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