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(영문) 춘천지방법원강릉지원 2016.02.03 2015가단21772
손해배상(산)
Text

1. The Defendant: (a) KRW 10,307,393 for the Plaintiff and KRW 5% per annum from November 12, 2013 to February 3, 2016; and (b) February 4, 2016 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. (1) Around October 2013, the Defendant was awarded a contract with C for a total of the above-ground timbering operations on the land of Gangwon-gun Forest D (hereinafter “instant field”).

(2) In addition, the Plaintiff was employed by the Defendant at the end of October, 2013, and began to work for a certain size to cut the trees planted at the instant site. At the present site, there were several persons, such as the Plaintiff and the body of persons who cut the trees and the body of persons who transport them, in addition to the body of persons who cut the trees planted like the Plaintiff.

(3) However, according to the Defendant’s work order on November 12, 2013, the Plaintiff: (a) was engaged in the work of cutting the trees already cut in excess of a certain size, and the Plaintiff saw almost all of the places with the engine saws attached to the wooden trees in order to grow well; and (b) took the shot force, the Plaintiff saw the said engine saws below the trees; (c) the said engine saws deflating the Plaintiff’s left face; and (d) the said engine saws deflating the Plaintiff’s left face; and (e) the Plaintiff suffered injury, such as the heat on the left inside of the left part and the gral damage.

(4) At the time of the instant accident, the instant site is a forest zone, where trees, which were cut down on the ground where seasonal characteristics are solidly fluored, and there were many cases where trees are stuck down under trees, so the Defendant did not take appropriate safety education in preparation for such a case, and did not take such measures despite having to provide the Plaintiff and workers, etc. with safety equipment necessary therefor. Meanwhile, the Plaintiff, who had been working in a forest zone for not less than 30 years, neglected to take sufficient care in preparation for the said case, while neglecting to do so.

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