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(영문) 울산지방법원 2016.06.23 2014가합7243
손해배상(기)
Text

1. The counterclaim Defendant is 26,324,199 won to the counterclaim and 5% per annum from October 23, 2012 to June 23, 2016.

Reasons

1. Facts of recognition;

A. On October 11, 2012, the Plaintiff is a worker who entered into an employment contract with a substitute plant Co., Ltd. on the part of October 11, 2012, and the substitute plant Co., Ltd. was awarded a contract for work at the “C installation site.” The Defendant is an insurer who entered into an employment accident compensation insurance contract with a substitute plant Co., Ltd.

B. On October 23, 2012, around 11:50 on October 23, 2012, the Plaintiff: (a) moved to the E-factory located in Ulsan-gu, Ulsan-gu, Seoul-gu, for the purpose of plant construction; and (b) did not discover the opening between the virtue; and (c) crashed 2 meters higher than vadi (hereinafter “instant accident”).

The Defendant sustained injuries, such as damage to the number of water, 5, 6, 5, 6, 5, 5, 6, 5, 5, 5, 5, 5, 5, 5, 5, s

C. The Plaintiff receiving disability benefits received medical treatment from October 23, 2012 to April 30, 2013. The Korea Workers’ Compensation and Welfare Service received KRW 19,315,80 of temporary disability benefits, medical care benefits6,363,350 of disability benefits, and KRW 43,362,00 of disability benefits.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 10, Gap's 12 (including each number; hereinafter the same shall apply), Eul's 3 and 4, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts found in the establishment of liability for damages, since an accident occurred because it did not take necessary measures to prevent the fall accident, such as conducting safety education to its employees while managing the workplace at which the crash risk exists during work, and installing safety facilities to prevent the fall accident, etc., the Defendant is liable to compensate the insurer for all damages suffered by the Plaintiff due to the accident.

B. In light of the circumstances surrounding accidents, etc., the Plaintiff has a duty of care to promote the safety of himself/herself.

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