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(영문) 창원지방법원 2018.12.19 2017가단105015
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the heat treatment business, etc. of metal products in Gyeong-gun, Gyeong-nam, and the Defendant is an employee of the Plaintiff from July 9, 2012 to November 3, 2016.

B. On February 2013, the Plaintiff entered into an open heat treatment agreement with D Co., Ltd. (hereinafter “D”) on E, F, and G boilers, and dispatched four Plaintiff employees, including the Defendant, to D’s factory located in Scheon-si, to perform heat treatment work.

C. The above heat processing work was submitted to D with the heat processing records attached by the Plaintiff employees, including the Defendant, after the heat processing work was conducted by the Plaintiff employees, and D was conducted in the way of paying progress payment to the Plaintiff, after reviewing only the heat processing records of the pertinent product without the inspection of the product itself.

D) Around November 2013, the Plaintiff’s employees, including the Defendant, received complaints against the light value (350-450Hv) of he/she supplied by D from customer companies, including H, and conducted the transfer inspection, found that the light value of a number of instances of heat treatment (SA35-P91) opened from May 7, 2013 to October 1, 2013 by the Plaintiff employees, including the Defendant, reached the normal level of water (200-300HV). As a result of the investigation, the Plaintiff’s employees, including the Defendant, did not maintain the necessary temperature while heat treatment, found the fact that the heat treatment record was falsely prepared as if the necessary temperature had been maintained.

E. On December 20, 2013, the Plaintiff’s actual representative first submitted to D a written request for corrective measures (Evidence 4) to recognize “the Plaintiff’s actual representative recognized “the Plaintiff’s demand for corrective measures (Evidence 4) for the prohibition of work and the re-work of the relevant work worker,” which was caused by no direct connection between the temperature controlr and Regur in the heat processing process.

On the other hand, I had to put on the contact book at intervals of not more than five meters at the time of the attachment of the heating unit, but / - attached to the contact book. The cause of the accident is also the case.

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