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(영문) 부산지방법원 2015.11.05 2014가단217026
손해배상(산)
Text

1. The Defendant’s KRW 58,282,625 as well as the Plaintiff’s annual rate of 5% from June 6, 2011 to November 5, 2015.

Reasons

1. Occurrence of liability for damages;

A. On April 4, 2011, the Plaintiff entered the “C” operated by the Defendant, and according to the labor contract concluded between the Defendant and the Taesung Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant, the Plaintiff had engaged in the work, such as gold and sanding using press machines in the Nonindicted Company.

On June 6, 2011, at around 10:40 on June 6, 201, the Plaintiff felled, and sustained an injury, such as cerebral dysing down, and blood transfusion.

(hereinafter referred to as “instant accident”). [Grounds for recognition] A without dispute, entry in Gap’s 1 through 5, Eul’s 1, and the purport of the whole pleadings

B. The Defendant, as the employer of the liability, did not perform its duty to protect the Plaintiff, who is an employee, by having the Plaintiff, engage in the work of exchanging the filter and did not perform the duty to protect the risks arising from such work, and the Plaintiff was involved in the instant accident. Therefore, the Defendant is liable for compensating the Plaintiff for

C. The Plaintiff, taking into account the work environment and the risk of the work, neglected to ensure the safety of the Plaintiff, and thus, should be considered in calculating the amount of damages in the instant case, but the Defendant’s liability is limited to 90% of the total amount of damages.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

(1) On the basis of the attached table of calculation of damages on the basis of basic matters, as stated in column 2,167,814 won per month of occupation and income (i.e., average wage calculated by Korea Workers' Compensation and Welfare Service 98,537 won x 22 days) 3) Native disability and labor ability loss rate per month): Native surgery.

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