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(영문) 창원지방법원 2020.07.10 2018가단112973
손해배상(산)
Text

1. The Defendant’s KRW 2,316,507 as well as 5% per annum from June 13, 2017 to July 10, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The Plaintiff was an employee of D Co., Ltd. on June 13, 2017, while performing the duty of non-destructive inspection at the factory located in Kimhae-si Co., Ltd. in Kimhae-si on June 13, 2017. During the process that the part of the right shoulder was shocked in the wooden stack (220cm in length, 10cm in height, 15cm in weight, 15km in weight) that was driven by the Defendant, the Plaintiff suffered injury, such as the front door door, the front door door, the front door door door, the fall short of the floor (hereinafter “instant accident”).

(2) On February 6, 2018, the Defendant was indicted on the instant accident by occupational negligence and sentenced to a judgment of imprisonment without prison labor for 6 months and for 2 years of suspended execution as declared by the Changwon District Court Decision 2017Da4278, and the said judgment became final and conclusive.

3) The Plaintiff filed the instant lawsuit with C and the Defendant as a co-defendant. On June 2, 2020, the Plaintiff became final and conclusive a ruling of recommending settlement that the said company should pay KRW 4,500,000 to the Plaintiff, and the Plaintiff received KRW 4,500,000 from the said company on June 30, 2020. B. According to the facts finding the grounds for liability, the instant accident occurred due to negligence on the part of the Defendant driving the vehicle and neglecting his/her duty at the front time. As such, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident. However, the Defendant is also liable for compensating the Plaintiff for damages due to the instant accident. However, the Plaintiff did not comply with the duty of care even if he/she did not go into the direction for his/her own safety, and the Plaintiff’s mistake also constitutes the cause for the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is clearly limited to the Defendant’s fair sharing of damages.

2. The following shall be stated separately below the scope of the liability for damages.

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