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(영문) 인천지방법원부천지원 2019.03.13 2017가단112715
손해배상(산)
Text

1. The part of the lawsuit in this case is dismissed.

2. The defendant shall pay to the plaintiff KRW 67,490,265 and its related costs.

Reasons

1. According to the health care unit and evidence Nos. 6-2, 3, and 4 as to the legitimacy of the plaintiff's claim for litigation costs ex officio, the fact that 114,560 won out of the amount of the oral treatment unit claimed by the plaintiff is the cost for physical examination of the lawsuit of this case can be acknowledged. The cost of lawsuit can only be repaid through the procedure of the final decision of the amount of litigation costs, and there is no benefit to file a lawsuit separately (Supreme Court Decision 99Da68577 delivered on May 12, 200), and this part of the lawsuit is unlawful.

2. Occurrence of liability for damages;

A. (1) The Plaintiff is a person employed from around November 2016 to provide labor.

(2) On January 4, 2017, at around 11:50, the Plaintiff, while working as a roller at the Defendant plant, was trying to clean foreign substances, and was inflicted injury on the right side of 2,3,4 balance sub-chapters and sub-chapters on the right side.

(hereinafter referred to as the "accident of this case"): [The grounds for recognition: Facts without dispute, Gap 1, 2, 4, 7 evidence, Eul 1-1, 2, and the purport of the whole pleadings]

B. As an incidental duty under the good faith principle accompanying an employment contract, an employer liable to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, as an incidental duty under the good faith principle accompanying the employment contract, and as a result, an employee is liable to compensate for damages

(2) In light of the above facts, the defendant who is the employer of the plaintiff neglected to take safety measures, such as having the plaintiff work while wearing safety outfits, etc., in the event that the defendant, who is the user of the plaintiff, is engaged in a dangerous duty of accident, even though he/she should have been negligent in taking such safety measures, and it is reasonable to deem that the occurrence of the accident in this case occurred. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff as a tort.

(c).

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