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(영문) 서울중앙지방법원 2015.09.25 2014가단5111552
손해배상(산)
Text

1. The Defendant’s KRW 19,278,557 for the Plaintiff and its related KRW 5% per annum from February 23, 2013 to September 25, 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The Plaintiff was employed by Changdong Co., Ltd. from February 22, 2013 to work as E at the D New Construction Site located in Seosan City C Co., Ltd. (2) On February 23, 2013, the Plaintiff was suffering from the injury of the Plaintiff, such as a chromosome 10, by falling down and falling down a chromosome, which was not fixed to assemble a string for the production of columns at the construction site at the same construction site on February 23, 2013.

(hereinafter “instant accident”). On September 26, 2012, the Defendant concluded a business compensation insurance contract with the Chang Undong Co., Ltd. with a special terms and conditions for the employer’s compensation liability. [The grounds for recognition: facts without dispute, Gap’s 1, 3, Eul’s 2 through 5, 9, and the purport of the entire pleadings.

B. According to the above fact of recognition of liability, the accident of this case was caused by a mistake in failing to take proper safety measures necessary for the construction of cryp assembly work by safety officers belonging to the Changdong Co., Ltd., and therefore, the defendant is liable to compensate the plaintiff for damages caused by the accident of this

C. However, the limitation of liability is limited, although the Plaintiff knew that he had not yet been fixed since he installed the above food house, it was erroneous for the Plaintiff to fix it so that it does not go beyond the fixed period, or to put it up on the me to work without using a bridge or a tag, etc., and such error seems to have a considerable cause for the occurrence of the instant accident.

Therefore, the defendant's liability is limited to 50% in consideration of these negligences of the plaintiff.

2. In principle, it shall be calculated on a monthly basis in calculating the scope of liability for damages, but the amount of less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

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