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(영문) 대법원 1982. 11. 23. 선고 82다카418 판결
[손해배상][공1983.2.1.(697),201]
Main Issues

The case denying a proximate causal relationship between the negligence removed only by the measuring instrument and the electric shock accident without cutting down the relevant electric wires by the former who received an application for electric discontinuance;

Summary of Judgment

Although the employee of the non-party company (A) was negligent in removing only the electric wires installed by the non-party company (A) upon receipt of an application for electric power voltage of 220 V from the non-party company (A) to which the employee in charge of the removal of electric power facilities belongs, without cutting the connecting part between the electric wires installed by the non-party company (A) and the electric wires with a high voltage of 22,900 volts of 235 V, and neglecting the electric wires to flow the current of 235 meters above, the problem at which the employee of the non-party company (A) went to operate the electric wires to remove the electric wires with a flow of low voltage and the electric wires with a view to removing the electric wires with a flow of high voltage of 235 meters from the low voltage line connected to the above 235 meters electric wires, and thus, it is difficult to conclude that there was a proximate causal causal relation between the above employees and the above employees without permission, as the result of the non-party company’s act of cutting off the electric wires at a point of 2222222,90 V.

[Reference Provisions]

Article 763 of the Civil Act

Plaintiff-Appellee

Plaintiff 1 and four others

Defendant-Appellant

Korea Electric Power Corporation Attorney Go-won, Counsel for defendant

Judgment of the lower court

Gwangju High Court Decision 81Na236 delivered on January 27, 1982

Text

The judgment of the court below is reversed, and the case is remanded to Gwangju High Court.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that Plaintiff 1, at around 14:00 on March 6, 1978, planned to cut electric wires listed on the electric poles at the direction of the person in charge of the above company site, and applied for the removal of the electric wires from the neighboring high-tension line connected to the wires at least 22,90 V, and caused injury as stated in the judgment by falling into a dry field under 7 meters following the reduction of the number of the measuring instruments installed at the high voltage of 22,90 volts and falling into a dry field and falling into a dry field under 7 meters, and applied for the removal of the electric wires at the order of the person in charge of the above company site. The court below determined that the non-party, who was engaged in the work of removing electric wires and removing electric wires, applied for the removal of the electric wires at the order of the person in charge of the above company site, was the person in charge of the above removal of the electric wires at the order of the person in charge of the removal of the electric wires at the point at that time.

However, according to the records, electric facilities installed with the approval of the Han River Construction Co., Ltd. were installed at the Han River Construction Co., Ltd., 4 of the Han River Construction Co., Ltd., and installed the said electric wires, and connected the said electric wires to 220 V low-tension electric wires, and their length was 235 meters or more. Measuring instruments were installed at the end of the electric wires installed by the Namdo Construction Co., Ltd. as seen above. The high voltage of the issue that Plaintiff 1 would have gone out to remove all the electric wires installed by the above Namdo Construction Co., Ltd. for the purpose of removing the electric wires and the electric poles installed by the above Namdo Construction Co., Ltd., which were installed with the approval of the Han River Construction Co., Ltd., Ltd., and it was difficult to find that there was no error of law by the lower court as to the removal of the above electric wires from 20 meters high-speed electric wires to 30 meters high-speed electric wires, as well as by the lower court’s negligence.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Gwangju High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices

Justices Yoon Il-young (Presiding Justice)

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