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(영문) 대법원 1990. 3. 27.자 89다카20627 결정
[손해배상(기)][공1990.7.1.(875),1227]
Main Issues

The case dismissing an application for appeal filed by the Korea Telecommunication Corporation for the reduction of the victim's death caused by the excessive electric current by a lightning away from the residential area of the house and caused by the telephone to the telephone line.

Summary of Decision

The case dismissing an application for permission for final appeal filed by the Korea Telecommunication Corporation on the ground that the excessive current by a remote mine away from the residential area of a house flows into a telephone line and the telephone boomed by the victim getting on and out of a telephone line is reduced by lightning power and died with shock and shock;

[Reference Provisions]

Article 758 of the Civil Act

Plaintiff, the other party

Song-young et al., Counsel for the plaintiff-appellant-appellee

Defendant, Applicant

Attorney Lee Jae-soo, Counsel for the defendant-appellant

Judgment of the lower court

Seoul High Court Decision 87Na3508 delivered on June 28, 1989

Text

The appeal application is dismissed.

Reasons

The defendant's attorney's ground of appeal is examined.

According to the reasoning of the judgment below, at around 18:20 on August 1, 1986, the court below found that the non-party 1's e-mail flows into the telephone line, and that the non-party 1's e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail 50 meters away from the e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-e-mail e-mail e-mail.

In addition, it is like the theory that the excessive current due to lightning can be damaged by the telephone system or can be terminated when the telephone system flows out to the telephone system. However, according to the employment evidence of the court below, it is obvious that the above telecomer died from the reduction of the time of the accident, and it is difficult for the above deceased to find a route other than the above telecomer and telecomer who was milched with the body of the deceased at the time of the accident. Moreover, the remote mine location is 450 meters away from the above deceased's location, and the telephone line which seems to flow from the above remote mine to the accident site through 8 electric poles near the above remote mine site, and it is difficult to conclude that the telephone current was damaged by the new telephone system from about 40 meters away from the remote mine site to the accident site, and it is difficult to conclude that the above telecomer did not have any damage to the new bus at all during the time of the accident.

There is no error of law in the incomplete hearing such as theory of litigation.

In addition, even if examining the judgment below, it is not deemed that the important matters are included in the statutory interpretation, the application for the final appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)

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