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The Defendant’s KRW 60,794,363 as well as the Plaintiff’s annual rate of 5% from December 25, 2015 to July 14, 2020, and the following.
Reasons
The Plaintiff’s establishment of liability for damages and limitation of liability was caused by an accident that occurred while putting up on a bridge around 10:30 December 25, 2015 while putting up the bridge while working on the bridge at around 10:30 on December 25, 2015, while working in the site of the Goskwon-gun C, Goskwon-gun, Goskin
(A) Nos. 1, 2, and 3, and the above accident (hereinafter “instant accident”). Since the place where the Plaintiff worked is at a risk of falling to workers, the Defendant has a duty to install a work engine by assembling a dog for safety (Article 42(1) of the Rules on Industrial Safety and Health). However, the Defendant is obliged to work on a bridge where stability is lowered compared to the work engine. This is an incidental duty to the principle of good faith attached to the labor contract, which is the duty to protect employees, and thus, the Defendant is liable to compensate for damages suffered by the Plaintiff due to the instant accident.
(See Supreme Court Decision 9Da56734 delivered on July 27, 2001). Although the Defendant instructed the Plaintiff not to work on a bridge, the Defendant asserted that the Plaintiff was engaged in a sridge and a sridge work, but there is no evidence to acknowledge it, and there is no violation of the general rule of experience.
However, it is reasonable to deem that the Plaintiff was negligent in failing to perform his/her duty of care to ensure the safety of himself/herself by working while well examining the condition of the bridge, etc., so the Defendant’s responsibility is limited to 80%.
In addition to the matters stated separately below the scope of the liability for damages, it shall be as specified in the attached Table of the calculation of damages.
The period for the convenience of the calculation shall be calculated on a monthly basis, and the period of less than the last month and less than KRW 1 shall be discarded.
The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest calculated at the rate of 5/12 per month.
The Plaintiff shall be 63 days from December 25, 2015 to February 25, 2016 due to the instant accident.