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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was a foreigner of Vietnam’s nationality, from March 31, 2015, and was employed by the Defendant from March 31, 2015 to produce automobile parts at the Defendant plant.
B. On July 1, 2018, the Plaintiff: (a) went into the machine without turning the power source equipment of the instant machine or pressing the emergency stoper; (b) on July 1, 2018, the Plaintiff suffered an accident where the Plaintiff’s left side side of the machine due to its operation.
(hereinafter referred to as “instant accident”). C.
The Plaintiff suffered injuries, such as the creativity of the left-hand side and the left-hand side part, due to the instant accident.
[Ground of recognition] Facts without dispute, Gap 3 through 9 evidence, Gap 11 evidence, and the purport of the whole pleadings
2. Whether the Defendant is liable for the occurrence of the instant accident (unlawfully)
A. The Plaintiff’s assertion that the instant accident occurred due to negligence, such as the Defendant’s duty to ensure safety following the Defendant’s assertion. As such, the Plaintiff sought payment of KRW 28,570,122 (i.e., the Plaintiff’s damages incurred by the instant accident (i.e., the lost income of KRW 16,198,930), 826,910 (i.e., the nursing expenses of KRW 16,30,910) in the future gender and chest treatment expenses of KRW 2,307,382 (i.e., the consolation money of KRW 15,763,100) and damages for delay.
The instant machinery was frequently manufactured in 2005 to stop operating a long-term machine. At that time, the Defendant directly repaired and used the machine to the Plaintiff, and the Plaintiff was unable to repair it by extinguishing the power source of each machine or pressing the emergency stoper, etc.
The instant accident is machinery without extinguishing the power source equipment of the instant machine or pressing the emergency stoper, etc., as the Plaintiff was in common.