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(영문) 서울중앙지방법원 2015.09.04 2015나27322
손해배상
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Defendant B, a subway operator of the subway train, which belongs to the Seoul metro, was injured to the Plaintiff, while he operated the subway No. 16:18 subway No. 3 in the subway No. 432, Defendant B, a subway No. 1, the subway No. 432 in the subway station, due to the Plaintiff’s intentional or negligent opening of the entrance, and did not open the entrance again. The Defendants jointly and severally held a liability to compensate the Plaintiff for damages amounting to KRW 25 million in total, including KRW 14 million, consolation money, KRW 10 million, and other expenses incurred by the Plaintiff’s hospitalization for two months due to the foregoing accident.

In light of the above facts, it is not sufficient to recognize that the plaintiff was injured by the 6-1 entrance at the above location of the above temporary border, and there is no other evidence to acknowledge that the plaintiff was injured by the 1, 3, 5, and 6 entrance only on the basis of the statements in Gap's evidence Nos. 1, 3, 5, and 6 as to whether the plaintiff was injured by the intention or negligence of defendant B, etc. at the time of the above boarding.

Even if the Plaintiff suffered injury due to the same circumstance as the Plaintiff asserted, it is insufficient to recognize that the above evidence alone, such as Defendant B or the above-dong entrance operator, operated the front entrance entrance at the above time and place, and there is no other evidence to acknowledge that there was a breach of the duty of care required by the average operator of the front entrance entrance.

Therefore, the plaintiff's assertion is without merit without further review as to the remaining points.

Therefore, the plaintiff's claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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