beta
(영문) 서울중앙지방법원 2018.08.10 2017가합519883

손해배상(기)

Text

1. The Defendant’s KRW 156,503,577 as well as the Plaintiff’s annual rate of 5% from May 22, 2016 to August 10, 2018.

Reasons

1. At around 12:30 on May 2, 2016, the Plaintiff: (a) took advantage of 12:51 M 14 large-scale mine on the same day while taking advantage of crypical products, such as cryp, around the mine zone near the Seongdong farm located in Yang-gu, Yang-gun, Gangwon-do (hereinafter “instant accident”); (b) and (c) the Plaintiff suffered an injury on the cutting left side by taking advantage of the cryp cutting of cryp, fryp, explosion, and explosion, which eventually cut down 15cm below the left side.

The location of the instant accident is located within the Civilian Control Zone as the mine where AGun laid a mine. The warning signs, etc., which could be known as an area under the Civilian Control Zone or an area where mines were laid underground, were not installed within the range of 200 meters around the surrounding area of the instant accident.

The Plaintiff’s spouse C died on July 10, 2018 after the instant accident, and the Plaintiff’s child has D, E, and F.

[Ground of recognition] Facts without dispute, Gap 3, 5 through 12, 18, 19, 20 evidence (including each number, if any, including each number; hereinafter the same shall apply), Eul 4 evidence, Gap 1, 4, and 17 evidence, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The head of the military unit having jurisdiction over an area where the existence of a mine violating the defendant's duty of care may cause damage to the civilian due to the existence of a mine shall take all necessary measures, such as advance warning, in order to prevent damage to the lives, bodies, or property of the civilian living in the neighboring area (see Article 6 of the Act on the Use and Relocation of Certain Martial Weapons, such as Light), and install a boundary sign meeting certain requirements in the area where the mine in question is installed or surrounding the mine area (see Article 7 (1) of the Act on the Use and Relocation of Specific Martial Weapons and the Regulation of Use of and Relocation of Traditional Weapons, such as Light), and conduct continuous public relations activities for residents in the mine area.