[손해배상(자)][공1992.1.1.(911),74]
The case denying the State's responsibility or employer's responsibility as a passenger of the State (Rail Office) in the event of an accident in which a person holding an admission ticket enters and transmits the admission ticket to the passenger vehicle, and is dead from the train in the next proceeding.
The case denying the State's responsibility as a passenger of the passenger of the State (railroad) or the employer's liability on the ground that the above accident was caused by the negligence of violating the duty of due care, such as that the deceased should not enter the first train in accordance with the guide broadcast, and that the passenger of the State (railroad) should immediately immediately leave the train, even if he was aboard the train, and thus, he could not be deemed to have entered into a passenger transport contract by selling an admission ticket in the event of the death of the person who carried an admission ticket after entering and transmitting the train.
Article 756 of the Civil Act Article 148 of the Commercial Act
year of solicitation
Korea
Busan High Court Decision 91Na575 delivered on May 17, 1991
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
As to the Grounds of Appeal
According to the reasoning of the judgment below, the court below, based on the evidence of the court below, found that the above passengers were not on board the train without any duty of care for the passengers on March 15, 1989, and the above passengers were on board the train at the Busan Station and entered the station by purchasing admission tickets to transport the deceased and the grandchildren, and that the passengers were on board the train without any duty of care for the passengers within the time limit of 10 meters from the start of the train, and that the above passengers were not on board the train without any duty of care for the passengers, but on the other hand, the above passengers were not on board the train at the time when the passengers were on board the train at the time when the passengers were on board the train at the time of the accident, and the above passengers were not on board the train at the time when the passengers were on board the train at the time of the accident at the time of the accident, and therefore, the court below's determination that the above passengers were on the duty of care for the passengers to find out the admission tickets of the above passengers.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Sang-won (Presiding Justice)