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(영문) 대구지방법원 2020.11.11 2019나317213
손해배상(산)
Text

Of the judgment of the court of first instance, the part against the plaintiff A in excess of the amount ordered to be paid.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the parts which are dismissed or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. On the fifth and nine pages 5 of the judgment of the court of first instance, the following shall be added to a part which is dismissed or added:

With respect to “A”, the Defendant entered into a technical guidance agreement with H and conducted the necessary safety education and safety inspection. The Plaintiff completed the basic safety education for construction business prior to his/her work at the instant site, and the Defendant again did not conduct the basic safety education for construction business. Since the Plaintiff directly participated in the safety equipment, calculating the Defendant’s liability at 70% is unreasonable on the grounds that there was no need to supply separate safety equipment. However, even when considering the above circumstances of the Defendant’s assertion, the instant accident is the Defendant’s employer and did not take necessary measures to prevent the occurrence of the accident, i.e., a solid form of working stand, and the Plaintiff did not provide specific safety education and additional safety equipment necessary for his/her work, and thus, the Defendant’s assertion is rejected.

The 6th to 8th 10th eth eth eth eth eth eth eth eth eth eth.

According to the results of the physical appraisal commission and the fact-finding inquiry with respect to the head of F Hospital in the first instance court of the labor disability rate, the appraisal is undergoing hurgical pain, bridge bed, etc. despite the Plaintiff’s hospitalization and outpatient treatment after the instant accident, and there is a restriction on the movement of hurgical hurgs, which corresponds to 1-A-1-d items of hurgical disability assessment table.

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