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(영문) 인천지방법원 2017.07.14 2016가합60255
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C entered the Army on December 14, 2010, received training at the 306 Supplementary Team, and then was granted the operation and maintenance specialty of the field telecommunication, and served as D (hereinafter “the instant unit”) from January 21, 201 as a temporary soldier.

B. C supported a specialist and was assigned to a specialist on September 17, 2012 at the same time as the discharge on September 17, 2012, and thereafter, C served as a temporary supervisor of the excursion ship station among the telecommunications units in the instant case.

C. At around 08:00 on December 24, 2013, C (hereinafter “the deceased”) discovered trees from the first floor toilet of the Gyeonggi-do Yangdong Commercial Building.

(hereinafter “instant accident”). D.

Plaintiff

A is the father of the deceased, and the plaintiff B is the deceased's punishment.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 10, and the ground for appeal

2. The plaintiffs' assertion

A. Even though the possibility of suicide was clearly shown in the overall military life of the deceased, the members of the instant unit did not take any measure against the deceased, and instead, taken the deceased as a professional staff member.

B. The Deceased worked as a professional staff, and performed an excessive work, and in the course of its performance, he/she has repeatedly heard the quality from E and C in the middle ledger E and C.

C. As can be seen, it is reasonable to view that the negligence of the commander E and B, etc. of the team belonging to the instant case, who demanded the deceased to perform an excessive work, and did not properly manage the deceased who was likely to commit suicide, the deceased was killed due to the instant accident, and that the negligence of the deceased of the instant accident exceeds 30%.

Therefore, the Defendant is obligated to pay consolation money to the Plaintiff A, the father of the deceased, for damages for the tort as above, KRW 29,422,377, including consolation money, KRW 7,000, and delay damages for each of the above amounts, to the Plaintiff B, who is the death of the deceased, after deducting the above negligence ratio from the lost income of the deceased.

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