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(영문) 서울중앙지방법원 2014.06.17 2013가단28412
손해배상(기)
Text

1. The Defendants: (a) KRW 8,039,497 for each Plaintiff and KRW 5% per annum from June 22, 2012 to June 17, 2014.

Reasons

1. Basic facts

A. Hyundai MCo Co., Ltd. (hereinafter referred to as “MMCo”) is a contractor of the Construction of the Press Complex (hereinafter referred to as the “instant Construction”). Defendant B is an employee of HyundaiMco, and the Plaintiff was a subcontractor of the instant Construction (hereinafter referred to as “Dasan Construction”).

B. Defendant B, at around 11:11 on June 22, 2012, was in the office of the 'Yco-dong, Jung-gu, Seoul, Seoul, the process was delayed, and thus, Defendant B, who assaulted the Plaintiff at the end of the dispute with the Plaintiff, was in the end of the dispute, thereby resulting in the Plaintiff’s fluenction.

(hereinafter “instant harmful act”). C.

As the medical expenses for the above injury, the Plaintiff spent 489,840 won for the Egymology and medical expenses for the Egymology and C, and 4070,000 won for the co-mymology surgery with C sexual surgery. From June 23, 2012 to July 6, 2012, the Plaintiff received 1,126,900 won for temporary layoff benefits for 14 days from June 23, 2012 to July 6, 2012. The Plaintiff’s benefits around that time were KRW 3,50,00 won per month.

On April 8, 2014, Hyundai Engineering Co., Ltd was merged into Hyundai Engineering Co., Ltd. (hereinafter “Defendant Co., Ltd”).

[Ground of recognition] Evidence Nos. 1-5, Gap evidence Nos. 2 and 3, fact-finding results on the Seoul Northern Vice-Governor of Korea Labor Welfare Corporation, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding that the liability for damages was established, Defendant B is liable to compensate the Plaintiff for the damages caused by the harmful act of this case.

In addition, since the harmful act of this case occurred in relation to the work of Hyundai IMco in the course of performing its work, the defendant company taking over the Hyundai Mco is liable for damages against the plaintiff as the employer.

B. The Plaintiff’s assertion within the scope of damages is the amount of damages, ① totaling KRW 4,559,840, ② lost earnings during the period of hospitalization, and KRW 1,633,334.

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