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(영문) 서울중앙지방법원 2015.01.29 2013가합38492

손해배상

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1. The Defendant’s KRW 65,965,253 as well as the Plaintiff’s KRW 5% per annum from February 1, 2011 to January 29, 2015, and the following.

Reasons

손해배상책임의 발생 인정 사실 원고는 2011. 2. 1. 17:41경 서울 강남구 역삼동 737에 있는 지하철 2호선 역삼역 3번 출구의 에스컬레이터 9호기(이하, ‘이 사건 승강기’라고 한다)를 타고 지상에서 지하 1층으로 내려가 이 사건 승강기에서 내리던 도중, 원고가 딛고 서 있던 디딤판(스텝)과 하부승강장에 부착되어 있던 4번 콤 에스컬레이터의 디딤판이 하부승강장과 만나는 부분에 설치된 빗 모양의 고정장치(가로 146mm, 세로 88mm)로, 디딤판과 콤이 맞물리는 지점에 물체가 끼었을 경우 정지스위치(콤 플레이트 안전장치)가 작동하여 디딤판의 승강이 자동적으로 정지된다.

As the front side of the right is rapid, there was an accident where five perstinies cut off (hereinafter referred to as “instant accident”).

The compact No. 4 was destroyed at around 13:45 on the same day, and the Defendant, a manager of the instant elevator, left alone without being aware of the damage even though it was inspected at around 15:00 and twice at around 17:05 on the same day.

With respect to the instant accident, C, who is an employee of the company that entered into a contract for inspection and management services with the Defendant regarding the instant elevator, as an employee of the Defendant, was subject to a disposition of suspending prosecution (the name of the crime: the injury caused by occupational negligence) on October 26, 201 by the public prosecutor affiliated with the Seoul Central District Public Prosecutor's Office.

[Grounds for recognition] A’s evidence 1-1, 2, A’s evidence 2-1 through 4, A’s evidence 3, 4, and B’s evidence 3-3, and the purport of the entire pleadings and arguments are as follows: (a) according to the above-mentioned facts, Defendant B, as a reverse ginseng’s safety control manager, is a machine operating the instant elevator by electric power and a facility used by a large number of people suffering from subways; and (b) thus, it is necessary to thoroughly conduct safety inspections and repairs therefor to prevent users’ safety accidents.