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(영문) 서울중앙지방법원 2019.04.19 2018가합542118 (1)

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant plaintiffs are children of the network D (hereinafter “the network”), and the defendant is a corporation established by the Korea Railroad Corporation under the Korea Railroad Corporation Act with a railroad operator’s investment in kind from the Republic of Korea. The defendant occupies and manages the new road station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “new road”) where the accident to be seen below occurred.

B. On January 21, 2018, the Deceased was engaged in the instant train for the East Mancheon Tracheon-ro (hereinafter “instant train”) with drinking alcohol on January 21, 2018 and drinking alcohol on January 21, 2018.

On the same day, at around 19:40, the deceased was getting on the platform No. 3-4, 19:40 on the same day. 2) The deceased, after getting off the train in this case, opened the train to the strings, stringing to the strings, and stringing to the strings. As a result, the train in this case and the screen wall during the construction at the time, she opened as soon as possible and towed up to 10 meters on the platform of the train in this case.

(2) At the time of the instant accident, the deceased died on the spot due to diversous damage (such as the bones of head, bones, bones of head, bones of head, balll, salll, salke, salke and salke, salke, etc.) due to the instant accident. (4) At the time of the instant accident, the blood alcohol concentration of the deceased was 0.238%.

C. At the time of the instant accident, in the new road basin, the installation work was conducted from September 1, 2017, while the screen shield and door were installed at the time of the instant accident. However, at the time of the instant accident, the screen gate was not yet connected with the train, and the screen gate was opened. (ii) The interval between the screen shield wall and the instant train was about 45 centimeters, and safety straws, etc. were not installed separately to prevent the passenger from entering the crepit between the screen gate and the instant train.

3. Newly Inserted by Act.