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(영문) 광주지방법원 순천지원 2018.04.11 2016가단80400
손해배상(산)
Text

1. The Defendant’s KRW 4,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 17, 2015 to April 11, 2018.

Reasons

1. Occurrence of liability for damages;

A. (1) On February 7, 2011, the Plaintiff was employed by the Defendant Company and performed the duties of accounting, personnel management, inventory management, etc. of the Defendant Company.

(2) On December 17, 2015, at around 08:03, 2015, the Plaintiff was suffering from injury, such as spinal pressure drums No. 9 with ices cut off at the entrance of a self-collection warehouse, while working at a Defendant company located in Gosong-gun, Gosanam-gun, Gosanam-gun, and leaving it as a material warehouse.

(3) Although the location of the instant accident is located in the Defendant Company’s workplace and is packed with concrete, there is a danger that rainwater is ice-breaking and people are ice-breaking in rain and snow in winter. However, the Defendant Company did not take any measures to prevent the collapse until the instant accident occurs.

[Ground of recognition] Facts without dispute, entry of Gap 5 to 8 evidence (including each number), the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant Company did not take measures to prevent accidents, such as installing a ice dice dice dice dices, although it could have predicted that the risk of people to dice dice dice dice dice dice dice dices at the place

Therefore, Defendant Company is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to the Defendant’s tort, barring special circumstances.

C. The Plaintiff’s negligence of limiting liability for damages also affected the occurrence of the instant accident. Therefore, the Defendant Company’s liability is limited to 50% of the damages suffered by the Plaintiff.

2. Scope of liability for damages

A. On the basis of the following (i) facts and assessment, the loss of lost income equivalent to the monetary total appraised value of the capacity of the Plaintiff lost due to the instant accident shall be 5/12 per cent per month as follows.

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