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(영문) 대전지방법원천안지원 2015.09.16 2014가단12764
손해배상(산)
Text

1. The defendant,

A. The Plaintiff KRW 104,203,399 as well as 5% per annum from March 19, 2014 to September 9, 2015.

Reasons

1. Judgment on the plaintiff's claim

A. Basic facts 1) The Defendant is a business operator running a paint construction business with the name of “C”, and the Plaintiff was employed by the Defendant on November 10, 2012 and served as a paint hole. 2) The Plaintiff suffered injury, such as the 4th pelle and sloping, 1, 3, and 5th pelvis, etc., in the fifth apartment construction site located in Jeju-si, Jeju-si, on December 11, 2012.

3) Meanwhile, the Plaintiff received 6,199,260 won as nursing benefits from the Korea Workers’ Compensation and Welfare Service as disability benefits, and 56,750,010 won as nursing benefits from December 25, 2012 to May 2, 2013. [Grounds for recognition] In the absence of dispute, Party A’s 2, 4, and Party B’s evidence Nos. 1, 2, 2, 1, and 2 (each entry including a branch number, the fact-finding reply, and the purport of the entire pleadings.

B. 1) The Defendant, who is liable for damages, has employed the Plaintiff and fixed the door on the apartment rooftop and carried out a dangerous work against the 7th height of the door. However, even though the Plaintiff, who is a worker, had installed a safety net in preparation for the instant case where the Plaintiff falls, or had a separate auxiliary line wear a safety belt connected with the Plaintiff, and have taken safety measures such as thorough verification thereof, it is reasonable to deem that such error was the cause of the instant accident. Accordingly, the Defendant is liable for compensation for the damages suffered by the Plaintiff due to the instant accident. Accordingly, the Defendant’s assertion against this is rejected.) The Defendant’s exemption is limited to liability.

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