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(영문) 수원지방법원 2016.03.25 2014가단512288
손해배상(산)
Text

1. The Defendant’s KRW 177,681,81 for the Plaintiff and the following: 5% per annum from June 11, 2013 to March 25, 2016, respectively.

Reasons

1. Occurrence of liability for damages;

A. (1) The defendant is a company engaged in the main household manufacturing business, steel removal facility manufacturing business, etc. in 1329-15, as agreed by the Si of Gwangju City, and the plaintiff is a worker employed by the defendant.

B. The Plaintiff, while manufacturing 4 parts of the steel frame (a 3m, vertical 2m) within the Defendant’s business place, was involved in an accident that she was able to take off the steel frame expected in the column while making the goods.

(hereinafter referred to as the "accident of this case") 【Defendant did not conduct proper safety education for workers in relation to their work within the workplace.

[Grounds for Recognition: Each entry and video of Gap evidence Nos. 1-3, 7, and 8 (including a branch number, if any), the testimony of witness B, and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case since the accident of this case occurred because he neglected his duty to maintain the working environment to prevent the plaintiff's employee from causing harm to life and body during work and to protect the employee from occupational accidents.

C. Restrictions on liability: (a) the Plaintiff, as well as the Plaintiff, was negligent in neglecting his/her duty of care to secure his/her own safety by safely loading a steel frame, etc. in manufacturing an article with heavy steel frame; and (b) such mistake appears to have influenced the occurrence and expansion of damages caused by the instant accident; (c) thus, the Defendant’s liability is limited to 65% by taking account of such negligence.

(35%) 2. The calculation shall be made in accordance with the Hofmanial Calculation Act, which deducts interim interest at a simple rate of 5/12 per month, except as otherwise stated below within the scope of liability for damages.

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