[손해배상청구사건][고집1980민(1),285]
Cases of denying the State's liability for damages against a person who enters a station without permission and enters the station;
Even if there was a negligence that caused the government to have access to the station area without permission and neglected to leave the station on a dangerous track, and neglected to evacuate from the traveling train, the government's liability for damages is much more important because the negligence of the government's failure to leave the station site to the station site on a dangerous track by frequently entering the station site without permission and leaving the newspaper site on a dangerous track.
Articles 763 and 396 of the Civil Act
Supreme Court Decision 70Da1023 Decided July 28, 1970 (Kakadd. 9033, Supreme Court Decision 18Du245 Decided July 28, 197, Article 763(126), Article 78 of the Official Gazette Act (Article 78 of the Official Gazette)
Plaintiff
Korea
Busan District Court (78Gahap1769)
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.
The defendant shall pay to the plaintiff the amount of KRW 20,00,000 and the amount at the rate of five percent per annum from the day after the delivery of a copy soar to the day of full payment.
Litigation costs shall be borne by the defendant.
On June 11, 197, 04:37, the plaintiff's plaintiff's 2, who operates a Busan District Office, was unable to conclude a contract with the non-party 2's witness's testimony at the Busan District Office and the non-party 5's testimony at the above 5's point of view (the non-party 5's testimony and the non-party 2's testimony at the above 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 5's 1's 5's 5's 1's 5's 5's 5's 1's 's 's 's 's 's 's 's 's 's 's 's 's 's 's ''s 's 's 's '''''''''''''''''''''''''''''.
(1) At the middle point of the railroad tracks, 2 and 3, both the parallel tracks and the parallel tracks, at the above temporary border, the Plaintiff entered the guns, and discovered the train No. 552, which entered the station at the speed of about 75 km (km) at the speed of about 75 km (km) at the speed of the speed of 75 km at the speed of the speed, depending on the parallel line, from around 30 m (m) of the Daejeon Daejeon Daejeon-gu Daejeon, and immediately avoided the train at the speed of about 30 m (m) and suffered such injury; and
(2) The winners who are responsible for the piling up, lowering, delivering, keeping, etc. of parcels of small cargo which was concluded by a free contract between the Korea Railroad and the Korea Railroad. They cannot directly enter the station and get delivered the parcels of small cargo from the station to the station, or take delivery of the parcels of cargo from the station to the station. In addition, the so-called newspaper's branch office or branch office has been actively prevented in the above station because there are many risks that accidents may occur, and the so-called journalists who operated the above station or branch office of the newspaper company had actively prevented them from being sent to the train at the time of the accident. The so-called journalists who operated the above station or branch office of the newspaper company from the time of the accident were sent to the train in the above time of the accident to the readers due to the lack of time from the point of view of the railroad officials who were engaged in the above station to the point of view or through snow, and even if they did not have an access to the railway station by using the entrance of the newspaper to the station for the reason that they were distributed to the 3rd.
(3) On the above date and time of the accident, the passengers belonging to the above 101 train units were gathered towards the platform side and opposite to the platform, and people engaged in several media organizations such as the plaintiff were entering the entrance entrance of the entrance of the entrance of the entrance of the newspaper to be promptly loaded into the vehicle handled by him, etc., and on the platform, there was very rough booming booming on the platform with the students of the old boom high school and its faculty. However, in light of the above 04:00 p.m., it was difficult for them to enter the above 5-day train (the above 5-meter 5-meter m. m. m. 5-m. m. 5-m. m. m. 5-m. m. m. 8-m. m. m. 8-m. m. from the above 105-m. m. m. to the above m. 5-m. m. m., the above m. 5-m. m.
Therefore, this accident occurred by allowing the plaintiff who is not allowed to enter the station of the above station, such as non-party 1 and 2, to perform summer work on a dangerous track, and the train of the above 552 enters the station, and the plaintiff who is not allowed to enter the station only with warning broadcasting without directly taking measures against the plaintiff et al. to go through the workplace of the river of the plaintiff et al., and without going through the warning broadcasting, and the plaintiff who is not allowed to go through the station due to the passage of the train of the above time, on the line with the high risk of the accident. In addition, since the warning broadcasting more than two times and the light train of the above 552 train, it is nothing more than the defendant's negligence that caused the above general public official's non-indicted 1 and 2 to go beyond the above general public official's liability for correction of the accident, it is more likely that the plaintiff's negligence is more likely to cause the accident than the above general public official's negligence in light of the above facts.
Therefore, in this case, the plaintiff's claim based on the premise that the defendant is responsible for this case's accident shall be dismissed without examining it, and since the original judgment is unfair with the conclusion different, it shall be revoked, and the costs of lawsuit shall be borne by the plaintiff who has lost it, and it shall be decided as per the Disposition.
Judges fixed ticket (Presiding Judge) Mobile Engines