beta
Text
1. The Defendant: (a) KRW 243,514,500 for the Plaintiff and KRW 5% per annum from May 16, 2013 to May 19, 2017.
Reasons
1. Occurrence of liability for damages;
A. 1) The Plaintiff is a person employed by the Defendant as a motor vehicle mechanic. 2) The Defendant instructed the Plaintiff to dismantle the second floor container installed at the left-hand side of the Defendant’s access road to the maintenance plant located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.
Accordingly, on May 16, 2013, on the top of the first floor of the foregoing container, the Plaintiff: (a) cut and dismantled the steel plates of the second floor of the wall surface of the container with an oxygen folding machine; (b) attached to the last steel-frame cutting to the outside of the steel-frame cutting; and (c) the steel-frame fell to the Plaintiff while avoiding it.
(3) Due to the instant accident, the Plaintiff suffered injury, such as full damage to water, scam and scambling, etc. (hereinafter “instant accident”). (4) The Defendant first dismissed container work, without sufficient safety education, allowed the Plaintiff to engage in a mixed work on the roof of the first floor, and did not take measures to require the Plaintiff to wear a safety belt or to prevent the crash.
[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1 evidence (including paper numbers), witness Eul's testimony, the purport of the whole pleadings
B. The Defendant, as the Plaintiff’s user, could have sufficiently anticipated that the Plaintiff could fall at the risk of fall when dismantling the container on the container roof. However, the Defendant was negligent in having the Plaintiff work mixed on the first floor without providing sufficient safety education, having the Plaintiff wear safety belts and other protective outfits, or failing to take other measures to prevent the fall risk. Accordingly, the instant accident occurred, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident.
(c) limitation of liability, provided that the Plaintiff also does not require safety belts and other protective outfits on the roof of the container on the first floor, and cut iron plates.