손해배상(자)
2014 Ghana 5297401 Compensation (i)
leAA
1. Korea Railroad Corporation;
2. NewB
3. E company.
January 22, 2016
March 25, 2016
1. The Defendants jointly share KRW 86,830,070 with respect to the Plaintiff, as well as KRW 86,830,070 from July 22, 2014 to March 3, 2016.
25.For up to 25. 5% per annum, 15% per annum from the following day to the day of full payment.
L. D. Payment of money.
2. The plaintiff's remaining claims against the defendants are dismissed.
3. 30% of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendants, respectively.
4. Paragraph 1 can be provisionally executed.
Defendants jointly and severally liable to the Plaintiff KRW 132, 830, 070, and the same shall apply to the Plaintiff from July 22, 2014.
5% per annum from the following day to the date of full payment, and 15% per annum from the following day to the date of full payment.
pay any money calculated by the Corporation.
1. Occurrence of liability for damages;
A. Facts of recognition
1) NewB’s flag of No. 4852 Sincheon Seoul (hereinafter “Defendant Tourist Train”)
As an engineer, all mobile phones during the operation of a train are cut off, and the signal of departure signal is deep enough to keep the signal of departure signal.
of the Control Center, and the business to prevent the collision accident by listening to theless details of the Control Center.
Despite the existence of a duty of care without compensation, on July 22, 2014: A person on board a defendant tourism train at around 35:
and without blocking all of the mobile phones, Kakao Stockholms in the city operating the train.
In addition, it is not proper to use mobile phones such as transmission of photographs and division of conversations.
not only but also “theless content of the control center in Thaik” which stops in the lag calendar.
The fact that it is necessary to stop by red signal prior to entry into the dial basin without carefully listening to the situation.
It was confirmed that the warning of the automatic stop device was sent, but it was confirmed that the departure signal was properly confirmed.
The door of the Rose of Sharon train by disregarding red signal without seal and continuing to proceed with the tourist train.
The cable 21 automatically converted for entry into the grain station shall be destroyed and passed through the dial basin as is, and as is, the cable router;
The driver of the defendant tourist train is occupationally engaged in between the two businesses, 17: 49, the door of the listed Dong at Taegk-si.
Ae 2. Ae 2.m. (2.m. 97m. 162m.) was proceeding in the direction of a e.m. m. in the e.m.-c.
With the front part of the engine room of the Rose of Sharon-hool train, facing the front part of the defendant tourist train room:
Having the deceased be on board the Defendant Tourist Train (hereinafter referred to as “the Deceased”) who was on board as a passenger.
Having caused the death of the head of the body due to the chest pressure of the head of the body and the head of the body by internal organ transplant;
In this case, Gohap suffered from an injury of an open wound, etc. around the snow (hereinafter referred to as the "the case").
‘accident' is called ‘accident'.
2) The Plaintiff is the only heir as the deceased’s children.
3) Defendant Korea Railroad Corporation is an employer who employs Defendant NewB, and Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”);
“Defendant Samsung Fire” refers to an accident between Defendant Korea Railroad Corporation and Defendant Samsung Fire.
is an insurer who has concluded a non-life insurance contract.
[Ground for Recognition] Unsatisfy, Gap evidence 1 to 7 (which has a number):
hereinafter the same shall apply), Eul, or Eul's evidence 3, significant facts, and the purport of the whole pleadings
(b) Occurrence of liability;
According to the above facts of recognition, Defendant NewB as tort, Defendant Korea Railroad Corporation,
As a user of newB, Defendant Samsung Fire is jointly owned by the insurer and due to the instant accident.
and the plaintiff shall be liable for the damages suffered by them.
C. Whether to limit liability
In the event of the instant accident to the Deceased and the Plaintiff who was on board the Defendant Tourist Train
Since there is no liability, there is no reason to limit the liability of the Defendants in this case.
of this section.
2. Scope of liability for damages
A. The plaintiff's assertion
The plaintiff is the only inheritor of the deceased who died due to the accident of this case, and the deceased's consolation money.
the plaintiff's medical expenses of KRW 1,830,070,000,000,000
Inasmuch as the amount of 200,000 won per year is expected to be paid for the mental and medical expenses due to recreation disorder, the amount of 5 years per year;
The Defendants jointly do so to the Plaintiff as to the amount of damages resulting from a tort: KRW 132,830,070 [ = Deceased’s]
The inheritance amount of consolation money of 80,00,000 won + the medical expenses of 2,830,070 won = 1,830,070 + future
Medical expenses 1,000,000) + 30,000,000 won due to the injury of the plaintiff's principal + punitive damages
The claim asserts that the amount of compensation 20,000,000) should be compensated for.
B. Determination
1) The consolation money upon the deceased’s death
A) Reasons for taking into account: The particulars of the instant accident, the deceased’s age, and Defendant NewB’s consolation money under the name of the deceased.
All the circumstances shown in the argument of this case, such as the criminal agreement paid.
(b) Accepted amount: 80,000,000 won;
2) Loss caused by the Plaintiff’s injury
(a) Wrons treatment costs: 1, 830,070 won (Evidence A to 9 through 11)
B) Future medical expenses: Gap evidence Nos. 8-1 and 2 shall be described only in one year to the plaintiff, 200,000
It is insufficient to recognize that the future treatment cost will be required for five years each by the hospital, so this cannot be recognized.
C) Consolation money
(1) Reasons for taking into account: the background of the instant accident, the Plaintiff’s age, the part and degree of the injury, and the Defendant’s new
All the circumstances shown in the argument of this case, such as criminal agreement paid by B as consolation money.
(2) Amount recognized: 5,000,000 won
D) Disciplinary damages: The Plaintiff’s assertion alone cannot be recognized.
[Grounds for Recognition] Each evidence, evidence No. 2, and rule of experience mentioned above
3. Conclusion
Thus, the defendants jointly do so to the plaintiff as damages amounting to KRW 86,830,070 ( = Inheritance amount)
80,000,000 + Property damages 1,830,070 + 5,000 consolation money + 000,000 won) and any objection thereto.
From July 22, 2014, which was the date of the instant accident, to March 25, 2016, which was the date of the pronouncement of this decision, under the Civil Act.
The rate of 5% per annum specified in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment;
15% of the damages for delay calculated by 15% are liable for payment to the Defendants by the Plaintiff.
The claim shall be accepted within the extent of the foregoing recognition, and each remaining claim shall be dismissed as it is without merit.
shall be declared as ordered by the court in accordance with the order.
The fixed date of Judge's Session