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(영문) 수원지방법원 2017.02.10 2015가단8847
손해배상금청구
Text

1. The Defendant’s KRW 31,796,605 with respect to the Plaintiff and KRW 5% per annum from May 2, 2013 to February 10, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff is a person engaged in an individual business under the trade name C, and the plaintiff is a worker employed by the defendant.

B. On May 2, 2013, the Plaintiff: (a) while transporting the Defendant, E, and Pianno in front of the G apartment 103 suspenders, the Plaintiff was faced with an accident involving Pianno while the E and Pianno were not in line with the power balance; and (b) the E and Pianno were in line with the Pianno.

(hereinafter referred to as “the instant accident”). The Plaintiff suffered injuries, such as chest and scarke, etc., due to the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence 1-10, Eul evidence 1, 3, and 4, and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case, since he neglected his duty to maintain the working environment to prevent the plaintiff's employee from causing harm to the life and body of the worker during his work and to protect the worker from occupational accidents, although he neglected his duty to protect the worker from occupational accidents.

C. However, the limitation of liability is limited to the Defendant’s liability to 70% in consideration of the Plaintiff’s negligence, where the Plaintiff did not make efforts to ensure the safety of the Pianno by itself while moving the Pianno, and such mistake appears to have influenced the occurrence and expansion of damages arising from the instant accident.

(30%) 2. In addition to the separate statements under the scope of liability for damages, the calculation shall be made in accordance with the calculation method in the attached sheet of damages (the calculation shall be made on a monthly basis, and the period for the convenience of calculation shall be calculated on a monthly basis, but a monthly basis shall be included on the side in which the amount is less than the original and the last month shall be less than the last month), and the parties' arguments shall be separately stated.

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