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(영문) 서울중앙지방법원 2018.01.11 2017나3870
관리운영업무대가 지급 청구의소
Text

1.In accordance with the acceptance of a lawsuit and the exchange of claims in the trial:

A. The plaintiff 74,385 against the defendant.

Reasons

C. The Defendant and the Government made it possible to spread the situation using a short message. From March 18, 2015 to March 18, 2015, the Defendant’s and the Government excluded 06-level trains from the overall formation due to a 06-level train malfunction warning. The operation of the train itself was delayed for about four minutes, and the subsequent train operation was delayed for about four minutes, barring any special circumstance, it is deemed that the situation in March 18, 2015 is subject to a short message.

(2) March 18, 2015

Even according to the reply received by the Plaintiff after questioning with the Ministry of Land, Infrastructure and Transport in relation to the situation, the pertinent train is deemed to have become an unqualified late operation.

③ As to this, the Plaintiff stated that the hours of delay in operation due to the situation as of March 18, 2015 were about four minutes only. The Plaintiff stated “(c) the situation dissemination and report at the time of the occurrence of a railroad accident, etc.” under the instant maintenance and management plan “(i) the situation dissemination and report at the time of the occurrence of a railroad accident, etc., and (ii) the high speed train and electric train are operating for more than ten minutes.” In the instant maintenance and management plan, the Plaintiff has performed “explaction of situation” only for the occurrence of a disability for more than five minutes, and there was no objection by the Defendant to the situation after the reorganization of the situation, and there was no objection to the notification of the situation. However, the part defined as the late operation for more than ten minutes in the instant maintenance and management plan cannot be deemed as a delay in the contents of the instant maintenance and management plan, not a delay in the contents of the “explaction standard” or a delay in the contents of less than ten minutes.

④ The Plaintiff asserts that an extremely fell under the range of less than 10 minutes and that there is an unreasonable reason to spread the situation as it falls under the range of less than 1 to 2 seconds. However, the Plaintiff asserts that there is an unreasonable reason to spread the situation.

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