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1. The Defendant’s KRW 102,779,405 as well as the Plaintiff’s annual rate from May 27, 201 to September 10, 2015, and the following.
Reasons
1. Basic facts
A. The Defendant is a business operator who runs a construction business under the trade name of “C,” and the Plaintiff was employed by the Defendant on August 11, 2010 and worked as an industrial machinery installer and a maintenance worker.
B. On May 27, 201, the Plaintiff suffered bodily injury, such as brain, balone combined balone, malone malone malone, and salone malone malone malone, which fell at approximately 2.5 meters and fell from the 2.5m high, while the Plaintiff was engaged in the replacement of 800 tons presses from the Geum River Co., Ltd., Ltd. located in the algori 300-3, in writing.
(hereinafter referred to as “instant accident”). C.
Meanwhile, from May 27, 201 to February 29, 2012, the Plaintiff received temporary layoff benefits of 10,165,760 won, medical care benefits of 14,645,850 won, and disability benefits of 42,426,890 won.
[Ground of recognition] Uncontentious facts, Gap evidence 1 to 4, Eul evidence 1 to 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. As an incidental duty under the good faith principle accompanying an employment contract, an employer of the responsibility bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and where an employee suffers loss by violating such duty, he/she shall be liable to compensate for such loss.
(2) In light of the above facts, the Defendant, an employer of the Plaintiff, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, inasmuch as the instant accident occurred due to negligence, even though the Defendant neglected to provide a safe working environment to ensure that workers working in a high place do not fall down and order them to wear safety equipment, etc. so that the accident does not occur, while the Defendant, an employer of the Plaintiff, has an obligation to protect the employees by failing to do so.
B. Limit of liability, however, as the plaintiff, the above.