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(영문) 서울중앙지방법원 2020.07.22 2017가단5239505
손해배상(산)
Text

1. The Defendant’s KRW 128,119,637 as well as the Plaintiff’s annual rate of 5% from December 11, 2015 to July 22, 2020.

Reasons

1. Occurrence of liability for damages;

A. (1) Around December 7, 2015, the Plaintiff introduced the introduction of his wife and C (quality and production management division division), who is his employee, and the Defendant’s employee, with the permission of the factory head D, decided to assist the technical skill in the production marketing team (the team leader E) as well as the production marketing team employees with the permission of 10 employees. On the date of the accident, the Plaintiff mainly provided simple auxiliary services, such as product vinyl removal and packaging, and product movement.

(2) On December 11, 2015, between 8:00 and 08:15, the Plaintiff, along with E head of E team, was subject to an accident, such as: (a) talking about the production marketing team division, etc. under the direction of the E team leader; (b) the F and eroding process (the customer who purchased the goods, makes the last part of the froding process in order to prevent beer accidents at the end of the flag); and (c) making the eroding of the eroding machine independently, he was subject to the instant accident (hereinafter referred to as “instant accident”).

(3) The Plaintiff suffered injury to the left-hand 2, 3, 4, 5 water complete cutting, the right-hand 4, 5 incomplete cutting, etc. due to the instant accident, and was hospitalized for 98 days from that time.

[Ground of Recognition] Facts without dispute, E’s testimony, Gap’s testimony, Gap’s 1, Gap’s 3-4, the result of the commission of each physical appraisal to the Chief of Seoul National University Hospital, the purport of the entire pleadings

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer of the responsibility bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and the employee is liable to compensate for damages caused by his/her breach of such duty.

Supreme Court Decision 9Da47129 Decided May 16, 200, Supreme Court Decision 99Da60115 Decided March 10, 200, etc.

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