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(영문) 대구지방법원 2020.01.22 2018가단104013
손해배상(산)
Text

1. The Defendant’s KRW 74,762,286 as well as 5% per annum from January 26, 2016 to January 22, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On January 26, 2016, while working as the head office of the Technology Commercialization Center as the defendant's employee, the plaintiff was examined as a loss of the upper part of the crushing machine located in the construction site while working for the construction of the crushing system for crushing of product materials in the Dadong-dong-dong-si, Around January 11, 2016. The plaintiff was diagnosed as follows: (a) 2 under the wind of the accident where losses carried out inside the crushing machine together with the cover of the upper part of the crushing machine which was under incomplete cover (hereinafter referred to as the "accident in this case"). (b) 2 meters of the upper part of the crushing machine; (c) 2 meters of the upper part of the upper part; (d) 2 meters of the upper part of the upper part; (d) 3, 4 parts of the upper part of the 2nd part of the 2nd part of the 2nd part, 5 meters of the upper part of the 5rd part of the 5th part of the wall.

B. After the instant accident, the Defendant received each surgery on January 26, 2016 and February 1, 2016, and completed the treatment. After the completion of treatment, the Defendant is expected to restrict the permanent physical exercise of 2 to 4 pages on the right side.

C. The Plaintiff entered his workplace as the Defendant and received 26,547,860 won as temporary layoff benefits and 46,04,930 won as disability benefits from the Korea Labor Welfare Corporation.

D. Meanwhile, the Intervenor paid the Plaintiff KRW 6,674,650 as a disability pension on September 25, 2017.

E. The Defendant paid KRW 3,834,000 to the Plaintiff on or around December 2016 as a subsidy for the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 7, each of the evidence 7, and the court's commission of physical appraisal to E Hospital Head, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the above facts acknowledged as above, the Defendant, as the Plaintiff’s employer, is obligated to take necessary measures, such as improving the human and material environment so that the Plaintiff does not harm the life, body, and health of the Plaintiff in the course of providing labor.

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