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1. The Defendant’s KRW 61,365,974 as well as the Plaintiff’s KRW 5% per annum from December 8, 2016 to November 26, 2020, and thereafter.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) The Defendant is a company with the objective of entering and leaving convenience stores goods and logistics business, and the Plaintiff is an employee who enters the Defendant company on November 3, 2015 and engages in loading, unloading, and loading of goods. 2) The Defendant’s employee, C, which was an employee of the Defendant, did not discover the Plaintiff who was moving while driving the vehicle while driving the vehicle at the top of the first floor of the E Distribution Center located in Da, Da, Chungcheongnam-gu, Gyeongbuk-do, Gyeong-do, on December 17:20, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
B. According to the above facts, the defendant, as an employer of C, is liable to compensate the plaintiff for the damages caused by the accident of this case since the accident of this case occurred because he neglected his duty to maintain the working environment or take safety measures to prevent an employee from causing any harm to another person's body while working, and the plaintiff, an employee, as an employer, is obligated to protect from the occupational accident.
C. Limit of liability: (a) the Plaintiff, as the Plaintiff, did not properly examine the attitude of the vehicle that had to take a low speed in the normal operation of the rear warning; and (b) such mistake appears to have influenced the occurrence of damages caused by the instant accident; (c) therefore, the Defendant’s liability is limited to 70% by taking account of these negligences of the Plaintiff.
(30%) 2. The ratio of negligence of the plaintiff shall be as follows: 2. The same shall apply to the corresponding items of the attached Table of the calculation of damages, except as otherwise stated below.
In principle, the period of the calculation shall be calculated on a monthly basis, but it shall be less than the last month and KRW 1.0.