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(영문) 수원지방법원 2016.07.22 2014가합72091
채무부존재확인
Text

1. The Plaintiff does not have any liability for damages against the Defendant regarding the fall accident listed in the separate sheet.

Reasons

1. Basic facts

A. On May 10, 2014, the Plaintiff is a “public performance of the instant case” in C from May 10, 2014.

The performance was held.

B. The defendant is the plaintiff's female driver, and around 14:50 on May 10, 2014, the accident of this case, which fell below 3 meters away from the stage immediately before the commencement of the performance of this case, is "the accident of this case".

) At the same time, after receiving treatment by suffering from injury, such as the external pressure of a warning signboard and the closure frame of No. 8 with a scarcity, the lower half of the signboard remains. [The absence of any dispute over the grounds for recognition, the entries in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. The parties' assertion

A. Defendant’s assertion 1) The instant accident is an accident that fells from the bottom of the balk-type stairs at a height of 3 meters above the stage, wherein the Defendant’s body was pushed down on the Plaintiff’s hand to the Plaintiff’s hand, and according to the Plaintiff’s instruction. The said stairs did not have a rail and do so, but did not have to take necessary attention, and thus, the Defendant was responsible for compensating for damages incurred therefrom. (2) The Plaintiff is the business owner who employs the Defendant and the general manager of the instant performance, who is responsible for the instant performance, and the Defendant was negligent in taking measures necessary to prevent the risk of drilling, and thus, is liable for compensating for damages therefrom.

B. The Plaintiff’s assertion 1) At the time of the instant accident, the Plaintiff instructed the Defendant to deliver microphones or made physical contacts with the Defendant. 2) The Plaintiff is not obligated to install and manage the instant stage, but to Planning E, the organizer of the instant performance, and the Plaintiff already received medical care benefits, etc. through the industrial accident insurance system through the Plaintiff’s employee.

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