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1. The Defendant’s KRW 24,968,840 as well as the Plaintiff’s annual rate of KRW 5% from January 19, 2018 to October 2, 2018, and the following.
Reasons
1. Basic facts
(a) The C selection line located in Dongjak-gu Seoul Metropolitan Government is a place where melting is conducted by screening and compressing recyclable wastes transported, or crushing and cutting sti pumps.
B. Around September 2013, the Plaintiff entered into an entrustment contract with the Defendant regarding the transportation, disposal, and management and operation of the Cateral, generated within the jurisdiction of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant consignment contract”) by setting the period from October 1, 2013 to September 30, 2015.
C. D, at around 10:10 on July 30, 2014, after being employed by the Defendant and working at the C-ray, was subject to an accident in which the part of mastrue, which was loaded in the stiring machine (hereinafter “instant crushing machine”), was cut back from the string of the stimule, which was loaded in the stimule in the stiring machine (hereinafter “instant crushing machine”), and the hand of D was cut off on the stiring day (hereinafter “instant accident”). D.
D) On November 1, 2017, upon filing a lawsuit against the Defendant and the Plaintiff seeking compensation for damages at the court-based 2016da5238246, the Plaintiff and the Defendant jointly rendered judgment in favor of the Defendant and the Plaintiff (hereinafter “the judgment in favor of the Plaintiff”) that “The judgment in favor of the Plaintiff and the Defendant shall jointly pay to D 42,261,196 won and interest calculated at the rate of 5% per annum from July 30, 2014 to December 20, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “the judgment in front of the instant case”). The judgment in this case became final and conclusive on January 6, 2018.
E. The grounds for the Defendant and the Plaintiff’s liability regarding the instant accident recognized by the judgment prior to the instant lawsuit are as follows.
The defendant's second factory site manager for the reason of the defendant's responsibility who resides at the site and controls and supervises the affairs related to the prevention of disasters and safety of the employees under his control on July 30, 2014 shall not directly contact with the date of pulverization when the plaintiff uses the pulverization in the Cream around 10:05.