The Nam-gu Incheon Nam-gu Twitro

Attorney Ansan-ok, Counsel for the defendant-appellant

Attorney Kim Shin, Lee In-bok

Daejeon Dong-gu

Representative ○○○

2. Voluntary ○○

Sejong City and Nuriro

[Judgment of the court below]

2. The plaintiff's remaining claims against the defendants are dismissed.

3. 2/3 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

A. Defendant Korea Railroad Corporation (hereinafter referred to as “Defendant Corporation”) is a public enterprise in charge of railroad operations, such as the operation of Rose of Sharon No. 1308, and is the employer of Defendant YO. Defendant YO. Defendant YO is an employee of the Defendant Corporation, who was on July 1, 2014, who was on duty as a passenger at the Mag-gu Seoul Mag-gu Mag-ho (Seoul) No. 1308. 1308.

B. On July 19, 2014, at around 30, the Plaintiff: (a) was getting on and off the knife train No. 1308 of the Gyeonggu Seoul Gyeong-gu Seoul Metropolitan Area on the same day; (b) 21:22 on the same day; (c) the Plaintiff was stopped from the above train that stopped in the Youngpo Station. On that occasion, the Plaintiff thought that the Plaintiff was standing on the train after getting on and off the train, and, at the same time, tried to start the said train with a knife while getting on and off the train without starting the Youngpo Station, the Plaintiff’s body and room was cut off part of the Plaintiff’s body and room at the entrance of the said train (hereinafter “the instant accident”).

C. After the instant accident, the Plaintiff received treatment by suffering from injury to left shoulder and knee, and was hospitalized in a mental disease, such as depression and water surface disorder, etc.

D. Defendant Ma○○ and Nonparty ○○ were indicted for occupational injury resulting from the instant accident, and was sentenced to a suspended sentence (the sentence to be suspended: KRW 500,000,000) at the Seoul Central District Court (the case number: the Seoul Central District Court Decision 2014No. 4527 and the Seoul Central District Court Decision 4527).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 7, 8, Eul evidence 2 through 7 (numbered head)

in the case of evidence, each description of the number of evidence, which is significant to this court, the entire pleading

[Purpose of this Act]

2. Occurrence of liability for damages;

(a) Occurrence of liability;

Defendant 1, who is the crew of the train, has an occupational duty to verify the passenger’s getting on and off the train prior to the departure of the train when the passengers get on and off the train, and to protect the passengers from using the train safely when there is no error by checking the opening and opening of the entrance, etc. and the condition of the control mechanism. Nevertheless, Defendant 1, 200, 200, 200, 300,000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000.

B. Limitation on liability

Even though the 1308 fire fighting train was relatively short of the time when the plaintiff stopped in the field of the field, it was trying to get off the train again to get out of the train in order to get out of the train after getting out of the train. Despite the fact that the plaintiff is located in the field of the city in Seoul and the Seoul Station, which is the starting station, is located in the field of the city in Seoul, and the distance is relatively short, the plaintiff tried to get out of the train, and some parts of the plaintiff's body were laid off on the entrance, but most of the plaintiff's body were found to have been on the side of the entrance, and therefore, it seems that the plaintiff was unreasonable to get out of the train that is close, considering all circumstances related to the accident in this case, the defendant's liability is limited to 35% by taking into account all the circumstances related to the accident in this case.

3. Scope of liability for damages

In addition to the following separate statements, the period for the convenience of calculation shall be calculated on a monthly basis as follows, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than 10 won shall be rounded off. The current price calculation at the time of the accident shall be governed by the simple discount method that deducts the interim interest at the rate of 5/12 per month. Moreover, the absence of separate statements among the allegations by the parties shall be excluded.

[Ground of Recognition: Facts without dispute, Gap evidence 2 to 5, and evidence 9 (including proof with number);

Each statement, as a result of the commission of physical examination to the Guro University Hospital of Korea, the purport of the entire argument

(a) Basics

A person shall be appointed.

(b) passive damages;

A person shall be appointed.

1) From July 8, 2014 to May 15, 2015: From July 8, 2014, to May 15, 2015: 100% during the aforementioned period of hospitalization for labor disability; and 100% during the period of hospitalization for labor disability.

Wusskingndo 30% .

2) From May 16, 2015 to January 30, 2018: Mabrid Labor Capacity Loss Table V-II - B-2-a- reduction

The labor ability loss rate of 12% for two years from the due date shall be 30% of the Han-si, king Grasemndo.

3) Calculation: 30 per cent from the amount indicated below the list, the limitation of liability shall be again taken into account, and the limitation of liability shall be again taken into account.

6,480, 618 won = 26,451, 506 won ¡¿ 0.7 x 0.35 x less than won).

The monthly income loss rate for the number of days of the last day of the period from the first day of the period / [lm lm lm 1 m2 / 2 m l 2 m / 2015 - 5 - 16 2018- 1 - 304, 338 / 22, 075 / 436 00 / 428 4267, 185, 806 - 10 m 26, 45 - 26, 451, 506 - 2014 - 168 - 94, 338 - 2, 436 12, 428 - 30, 197 - 706 - 30, 5015 - 8, 2015 - 196

(c) Active damages;

1) Wrasium treatment costs: 245, 000 won ( = 1,00, 000, 000 won x 0.7 x 0.35 x 0.35) which is the amount taking into account the defendants' liability ratio among KRW 1,00,000.

2) Future treatment costs: The anticipated future treatment costs are KRW 2,865,940 ( KRW 1,432, 970 x 2 years). The current price at the time of an accident calculated to be spent on June 15, 2016, which is the day following the date on which the argument is closed, shall be KRW 2,615,170 as listed in the following table. Of this, the amount of the money for which the Defendants are liable to compensate is KRW 640,716 ( = 2,615, 170 x 0 x 0 x 35, and less than KRW 35).

(d).

A person shall be appointed.

The details of the instant accident, the Plaintiff’s age and degree of negligence, the degree of injury and the degree of disability caused by the aftermath, and the countermeasures taken by the Defendant after the accident, etc., shall be determined at KRW 5,00,000, in consideration of all the circumstances revealed in the instant pleading.

E. Sub-determination

Therefore, the Defendants jointly have the obligation to jointly file a claim against the Plaintiff regarding the scope of the Defendants’ obligations to perform as of July 1, 2014, which is the sum of the above amount, KRW 12,36,334 (negative amounting to KRW 6,480, KRW 618 + positive damages amounting to KRW 245,00 + KRW 640, KRW 716 + solatium amounting to KRW 5,00,000 + KRW 5,000, and KRW 00), which is the date of the instant accident, and to pay damages for delay calculated annually by 15% as stipulated in the Civil Act until July 5, 2016, which is the date of the instant judgment, by the following day until the date of full payment.

4. Conclusion

Therefore, the plaintiff's claim against the defendants is justified within the above scope of recognition. Thus, the plaintiff's remaining claims against the defendants are dismissed as there is no ground. It is so decided as per Disposition.