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(영문) 춘천지방법원강릉지원 2016.11.02 2016가단52377

손해배상(기)

Text

1. The defendant Rail Network Authority shall grant the plaintiff B KRW 11,166,66,66, and each of the above KRW 8,66,66,66 to the plaintiff A, C, D, and E.

Reasons

1. Basic facts

A. At around 12:30 on March 9, 2016, F (G) died after laying the line at a point of 152.030 km between the East East East East East Sea-lence. F (G) died in the kneneung Mung Mung-Uck Military Train.

(hereinafter “instant accident”). (b)

In the accident site of this case, people can move along the opposite side of the track in the direction of passing along the track, there is a house in which F resides in the east of about 100 meters away from the track to the east of the east, Dog in a place far away from the east, and people living in neighboring families live in the field of dry field.

C. The instant accident place is accompanied by a warning sign stating that no passage of the track is permitted, and no fence, etc. is installed to prevent a passage of people.

The instant road is constructed at the point of 730 meters away from the south to the south of the instant accident at the point of 151.30km (hereinafter referred to as the “instant bypassing road”). On the said road, a narrow road with a slope up to F’s house and with a part where people and vehicles are difficult to walk, and the distance is at the level of 1,100 meters.

E. The Plaintiffs and H inherited the F’s rights and obligations as F’s children once 1/6.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 4 (the evidence with a provisional number shall include a branch number), the result of on-site inspection by this court, the purport of the whole pleadings]

2. Assertion and determination

A. 1) Whether the Plaintiff’s liability for damages arises is likely to enter the field of dry field that the Plaintiff resides in the vicinity of the instant accident site in which the residents grow. Therefore, Defendant Korea Rail Network Authority managing railroad facilities (hereinafter “Defendant Korea Rail Network Authority”).

The defendant East Sea, which has installed the delivery at the location of the accident in this case, has a duty of care to install facilities that allow people to safely access, such as multi-level intersections, or to install fences, etc. so that people may not have access to such facilities.