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(영문) 창원지방법원 2016.11.30 2016가단102927
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 31, 2015, the Plaintiff entered into a contract with the Defendant to receive a subcontract for the production of minmination, etc., and operated a shipbuilding machinery manufacturer, which is a subcontractor, within the Defendant’s workplace.

B. On June 22, 2015, D around 11:14, when driving a large E E scrap truck at the Defendant’s request for transportation, D attempted to load a creaming, which is a shipbuilding equipment, at the Defendant’s workplace located in Kimhae-siF, and to leave the workplace outside the workplace. However, even though the front qui of the vehicle, the front qui of the vehicle was repeated with the pellet on which the accessories of the entrance are loaded.

C. In the process, D, by negligence in an unreasonable manner without disregarding the suspension signal of the Working Group leader, harming the booming, and accordingly, harming the booming, and harming the conclusion of materials at the same place, G was faced with the chest part of the Plaintiff’s chest, who was an employee of the Working Group. As a result, G died due to the 13:26 low blood transfusion shock on the same day.

(hereinafter “instant accident”). D.

On December 23, 2015, the Plaintiff was investigating the violation of the Occupational Safety and Health Act as a wife of G on the instant accident, and between H on December 23, 2015 and H, which represented the bereaved family as the wife of G, (1) the Plaintiff, a business owner, paid 90,000,000 to the bereaved family members, as a separate civil damages, and (2) the bereaved family members, upon receiving the agreed amount, do not want to be subject to criminal punishment regarding the violation of the Occupational Safety and Health Act against the Plaintiff, and (3) the bereaved family members, upon receiving the agreed amount, agreed to submit a document verifying the receipt of the agreed amount to an investigation agency or court (hereinafter “the first agreement”).

E. In addition to the first agreement with H on the same day, when the matters stipulated in the first agreement are implemented, the Plaintiff and the bereaved family members are future.

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