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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an employee who was dispatched to the working site of the Incheon branch office of the Defendant Company on February 1, 2006 and worked as a loading and unloading staff around February 1, 2006.
B. At around 09:50 on February 1, 2006, the Plaintiff: (a) around 09:50 on February 1, 2006, around 4 of approximately 5 ton weighted at the 45-ton loading and unloading work site of the Incheon Port 45, in a state where approximately 5 ton weighted from a hen fishing protocol was raised, the Plaintiff installed a bar to the lower part of the lower part; (b) the Plaintiff was faced with an accident where the ebbbbb was set up at the lower part, and the return 1 adjacent to the lower part was set up on the floor, and the Plaintiff suffered an injury, such as a arbing of the parts and a arbing of the arb, etc., and thereby suffered an injury.
(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 4, 5, and Eul evidence No. 1 (including paper numbers), and the purport of the whole pleadings.
2. The plaintiff and the defendant alleged that the plaintiff should have exercised their duty to take safety measures, such as the payment of safety equipment, but the plaintiff's negligence was caused by this negligence, and therefore, the plaintiff suffered injury, and therefore the defendant is liable to compensate for the tort.
As to this, the defendant asserts that the plaintiff's right to claim damages had already expired before the lawsuit of this case is filed.
3. Determination
A. In ordinary cases, it should be deemed that the injured party was aware of the injury when the injured party suffered the injury. However, due to the subsequent legacy, there was a new loss that could not have been predicted at all at the time of tort.
In the event of an expansion of damage outside of the expected one, it shall be deemed that the new or expanded damage was known when such a cause is found.
B. As seen earlier, as to the instant case, the Plaintiff sustained injury on February 1, 2006 due to the instant accident, each of the evidence Nos. 3, 4, 5, 11, 12, 13, and 14, and evidence Nos. 1 (including the serial number) of this Court, and as to the head of the Gyeong National University Hospital of this Court.