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(영문) 광주지방법원 2017.02.08 2016가단516955
손해배상(산)
Text

1. The Defendant: (a) KRW 5,015,422 to the Plaintiff; (b) 5% per annum from August 4, 2016 to February 8, 2017; and (c) from the following day.

Reasons

1. Occurrence of liability for damages;

A. On June 20, 2015, the Defendant, who operates a general restaurant with the name of “C”, employed the Plaintiff as a ri company on June 20, 2015. (2) On August 14, 2015, the Defendant installed a large-scale air exhauster on the instant restaurant room. On August 15, 2015, the Plaintiff suffered injuries, such as the Plaintiff’s heart 2-do image of the shoulder, knife image, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

(hereinafter referred to as “instant accident”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 5, 6, Eul evidence No. 1-4, video and the purport of the whole pleadings.

B. According to the premise of the liability for damages, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident, since the Defendant neglected his duty of care to prevent employees, who work in the air from entering the images, etc. by the wind with the wind, by providing education to ensure that the flame is spreading by the wind of the wind, etc., and that employees who work in the air is not able to do so by the wind of the wind, but by negligence, caused the Plaintiff to suffer injury due to the instant accident.

Although the Plaintiff asserts that he had a duty of care to wear work at the face of the Plaintiff, there is no evidence that the Plaintiff could have prevented the instant accident in the event that he/she wears work at the face of the face. Therefore, the above assertion is rejected.

C. The limitation of liability, however, is limited, because the plaintiff also can not contact the gas sirens by adjusting the direction of the wind of the wind, and confirm the spread of gas sirens to the wind of the wind, so there is no negligence in coordinating the wind century or neglecting this while taking care of the flame, and such negligence contributed to the occurrence and expansion of damage caused by the accident in this case.

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