logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.02.06 2017가단6282
손해배상(산)
Text

1. Defendant FutureMS Co., Ltd.: (a) KRW 9,218,690 for the Plaintiff and its related amount from October 27, 2016 to February 6, 2018.

Reasons

1. Basic facts

A. Defendant B apartment council of occupants’ representatives (hereinafter “Defendant B”) entrusted the management of the above apartment (hereinafter “the apartment in this case”) to Defendant Future EMS Co., Ltd. (hereinafter “Defendant Future EMS”), and Defendant Future EMS had the Plaintiff, who is its employee, performed the above duties.

B. On October 27, 2016, the Plaintiff, along with C and C in charge of the management of the instant apartment, felled at a height of approximately 1.5 meters from the wind that takes place on the windows, among those coming up on the entrance rooftop of 5:00, 509 Dong 3-4, and went up to the entrance rooftop of the 1-2 floor.

(hereinafter referred to as the “instant accident”) C.

The Plaintiff received industrial accident compensation insurance benefits, such as disability benefits of KRW 24,00,290, etc. from the Korea Workers' Compensation and Welfare Service, after having undergone the period of medical care until September 19, 2017, by suffering injuries, such as escape, salley, sake, and sakeing the left-hand side of the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Occurrence of liability for damages;

A. (i) The employer liable for Defendant FutureMS is an incidental duty under the good faith principle accompanying the labor contract, and bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health during the course of providing his/her labor, and is liable for compensation in cases where the employee suffers damage due to his/her breach of such duty of protection.

(See Supreme Court Decision 9Da56734 delivered on July 27, 2001, etc.). In principle, comprehensively taking account of the purport of the entire pleadings with respect to the testimony of the Health Team, the witness C and D, the entrance and rooftop of the apartment of this case, the entrance and rooftop of the apartment of this case are as follows: C, D and the Plaintiff on the date of the accident of this case.

arrow