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(영문) 대구지방법원 2015.10.29 2015나300767
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 29, 201, at around 14:30 on March 29, 201, the Plaintiff boarded a high speed train (KTX and Korea Train eXs)-san No. 388 (hereinafter “the instant train”) in the Eastern Zone, and on the same day, around 16:19 of the instant train arrived at the Seoul Station, the Plaintiff suffered injury, such as dump of the right side, the typ of the string and the sale part of the instant train, which goes beyond the roads going down from the instant train and turned down from the said train.

(hereinafter “instant accident”). (b)

The Defendant Korea Railroad Corporation (hereinafter “Defendant Corporation”) is a public corporation established under the Korea Railroad Corporation Act, which is the main agent operating the train of this case, and the Defendant Hyundai item Corporation (hereinafter “Defendant Hyundai item”) is the company that manufactures the train of this case.

C. The instant train is an accessory device for boarding and leaving a train, with a simple launch plate installed on the inside and outside of the vehicle’s door at a fixed launch board and the vehicle’s door. However, the fixed launch board is about 90cc wide, the simple launch board is about 79cc wide, and the simple launch board is designed to automatically leave the entrance from the body of the train after the instant train arrives at the station and stops.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 10-1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant accident occurred in the wind of the Plaintiff’s sending the left side on the fixed launch board for the Hawn, and the launch of which is again made by the simple launch from the outer end of the right side of the simple launch board to the open space at the right side of the simple launch board. As the width of the simple launch board is narrower than the fixed launch board, as well as the width of the simple launch board was installed in a sacking place without being sacked by the stability of passengers’ body. The instant accident occurred.

B. As to the fact that the Defendant Corporation may scam the gap between the fixed and the simple launch plate or the simple launch plate.

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