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(영문) 수원지방법원 2015.06.12 2014가단521893
손해배상(산)
Text

1. The Defendant’s KRW 64,722,562 as well as the Plaintiff’s annual rate of KRW 5% from December 5, 2010 to June 12, 2015.

Reasons

1. Occurrence of liability for damages;

A. A. Around December 5, 2010, the Plaintiff had a worker employed by the Defendant perform the work of free construction of B Hospital Extension Corporation.

B. During the process of the above glass construction, the Plaintiff felled with the center of the said vision and caused an accident to the right generated between the steel mortar and the glass.

(hereinafter referred to as the "accident of this case"). [The grounds for recognition: The entries in Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case, since he neglected his duty to maintain a working environment to prevent the plaintiff's employee from causing harm to the life and body of the worker while on duty and to protect the worker from occupational accidents, although he neglected his duty to protect the worker from occupational accidents.

C. The limitation of liability, however, has been placed on the part of the Plaintiff as well as on the part of the Plaintiff, in order to avoid falling, he was negligent in neglecting his duty of care to promote his safety, despite the existence of such duty of care, and such mistake appears to have influenced the occurrence and expansion of damages caused by the instant accident. Therefore, the Defendant’s liability is limited to 70% by taking account of these negligence of the Plaintiff.

(30%) 2. A period for the convenience of calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than the last month, and less than the last month shall be discarded, and the present price calculation at the time of the accident shall be based on the simple discount method which deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

일실수입 ⑴ 인정사실 ㈎ 인적사항 : 별지 손해배상액 계산표의 ‘기초사항’란 기재와 같다.

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