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(영문) 서울중앙지방법원 2019.07.25 2018가단5007712

손해배상(기)

Text

1. The defendant, as well as the plaintiff A, KRW 94,937,960, KRW 4,000,000 to the plaintiff B, and KRW 2,00,000 to the plaintiff C, respectively.

Reasons

The plaintiff B is the spouse of the plaintiff, and the plaintiff C is the child of the plaintiff.

On July 29, 2017, the Plaintiff entered the mine area in the Yacheon-gun, Gyeonggi-do, Macheon-gun, to collect mountain products, and followed the mine on the right edge, thereby explosioning the mine (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury that cut down the right edge of the mine.

The location of the instant accident is located within the Civilian Control Zone, and around the time of the instant accident, the wire-frame was installed, and the signs of the reverse-type mine area was installed at intervals of 14 meters.

After the accident of this case, a lele-type railed net was installed in the vicinity of the accident of this case, and a sign informing that it is a place of mine accident was installed additionally.

[Ground] The head of the military unit having jurisdiction over an area where there is no dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 2-3 (including the number of pages), and the existence of mines to determine the purport of the whole pleadings may cause damage to civilians due to the existence of mines shall take all necessary measures, such as advance warning, in order to prevent damage to the lives, bodies or property of civilians living in the neighboring area, and shall install a boundary sign meeting certain requirements in the surrounding area or mine area (see Articles 6 and 7(1) of the Act on the Regulation of Use and Relocation of Specific Martial Weapons, such as Light), and shall take measures, such as monitoring and blocking access to the mine area so that civilians may not have access to the mine area by installing a wire network for prohibition of entry, and promoting continuous residents, etc.

In this case, the circumstances revealed in full view of the facts acknowledged earlier and the purport of the entire pleadings, i.e., the place of the instant accident, is a public-private partnership.