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(영문) 부산지방법원동부지원 2016.12.14 2015가단1873
손해배상(산)
Text

1. The Defendants jointly share KRW 101,683,274 with respect to the Plaintiff, and the period from September 28, 2014 to December 14, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) placed an order to repair production facilities installed in a factory located in Changwon-si E (hereinafter “instant work”) with the trade name “D” to Defendant C, who is engaged in the mechanical repair business (hereinafter “Defendant B”), and the Plaintiff was employed by Defendant C as a technician and was placed in the work to adjust the equilibrium of the equipment type on September 27, 2014.

B. Among the production facilities installed in the above plant, fish livers (hereinafter “this case’s machinery”), which are the main production equipment of roll Capital, have weighted to regulate the horizontal plane of roll Capital (weight approximately 100 km) and the original weight (weight approximately 8 km). At the above site, the Plaintiff, while preparing for a trial operation by cutting down the above heavy weight in order to meet the horizontal plane of roll Capital together with Defendant C at the above site, there was an accident that causes the Plaintiff’s shocking the Plaintiff while falling down with the Plaintiff due to the malfunction of machinery, such as chain, etc.

(hereinafter referred to as “instant accident”). C.

The Plaintiff suffered injuries, such as double balone balones, and the closure of a plant, which require at least eight weeks of medical treatment due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 2-1 through 3, Gap evidence 3-1, 2-2, Gap evidence 2-1 through 3, Gap evidence 7-1, 2, Gap evidence 8-1, 3, 4, 5, Gap evidence 11-1 through 22, Eul evidence 1-1, Eul evidence 1, Eul evidence 2-1 through 5, Eul evidence 2-1 through 5, the purport of whole pleadings

2. Determination

A. As an incidental duty under the good faith principle accompanying a labor contract, an employer of liability for damages shall devise necessary measures, such as improving human and physical environment so that an employee does not harm life and body or health during the course of providing his labor service.

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