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(영문) 대구지방법원 2016.04.28 2015나9484
손해배상(산)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Establishment of liability for damages;

A. The facts of recognition 1) Defendant New Tech Co., Ltd. (hereinafter “Defendant New Tech”).

) The Plaintiff A is the Korea Institute Industrial Complex Co., Ltd. (hereinafter “Defendant Institute Industrial Complex”).

(2) On September 18, 2012, the Plaintiff is an employer dispatched to the Plaintiff, and the Plaintiff is a manufacturing company of automobile parts that actually directed and supervised the Plaintiff’s work. (3) On September 18, 2012, the Plaintiff was employed in the Defendant New Daily Industrial Complex and dispatched from around that time to the Defendant New Daily Industrial Complex, and served for the work by using the equipment, materials, etc. provided by the Defendant Il Daily Industrial Complex under the direction and supervision of the Defendant Il Heavy Industrial Complex.

3) On October 8, 2012, around 13:40 on October 8, 2012, the Plaintiff is the presses (name of a product: CALPAS BRK 2984-12010, hereinafter “instant presses”).

(ii) While the steel plate (a) was carried out an operation to cover two holess at a diameter of about 1 cm in diameter on the iron plate (20cm in length x 15cm in length x 3cm in thickness), the left hand of the Plaintiff A was damaged by the cutting of the upper part of the frame, the upper part of the left part of the frame, the upper part of the upper part of the frame, the upper part of the upper part of the frame, and the structural part of the frame opened, etc. (hereinafter referred to as the “instant accident”).

4) The presses of this case work at the right side and left side of the machinery are operated at the same time, and the e-electronic safety devices are installed between the worker and the presses, and if the device normally works in the operation area, if the net loss of the presses is carried out in the operation area, it shall be reduced immediately, and the upper part shall be automatically suspended.

5) Plaintiff B is the Plaintiff’s reference (the fact that there is no dispute over the grounds for recognition, the entry of evidence A Nos. 1 and 2, and the result of the first instance court’s on-site inspection;

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