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1. The Defendant’s KRW 112,649,618 as well as the Plaintiff’s annual rate from May 30, 2013 to August 11, 2015.
Reasons
1. Occurrence of liability for damages;
A. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 3, Gap evidence No. 8, Eul evidence Nos. 1 and 2 together with the purport of the whole pleadings:
1) The Defendant is a person who manufactures machinery parts with the trade name of “C” and the Plaintiff is an employee employed by the Defendant from March 1, 2012 to work as an employee. (2) On May 30, 2013, the Plaintiff, while performing press machine operations within “C” located within the Kimpo-si, Kimpo-si, on the part of “C” on which the left hand was not deducted, and the Plaintiff suffered injury, such as the damage to the water pressure on the left hand, 2, 3, 4 flood cutting and the removal of the raw balance of KRW 1 balance.
3) The above presses had an electronic safety device installed at the original presses, so if the device operated normally, the Plaintiff’s hand did not operate the presses while the device was placed under the presses, and the instant accident did not occur. At the Defendant’s workplace, the Defendant had removed the optical electronic safety device installed at the presses prior to the instant accident for the reason of lowering the normal working efficiency, and the Defendant was also aware of this. 4) The Defendant was indicted for the crime of causing injury by occupational negligence due to the instant accident, and was sentenced to a conviction of two years of imprisonment without prison labor for August, and a suspended execution.
In the above criminal procedure on February 6, 2014, the defendant deposited KRW 7,00,000 as Incheon District Court Branch Decision 2014No961 as part of the damages for the plaintiff.
B. The employer on the basis of liability is an incidental duty under the good faith principle accompanying the employment contract, and is life in the process of providing the employee’s labor.