209 Ghana98177 Damage (i.e., one)

1. Maximum (60 years old, souther);

2. Seoul Special Metropolitan City, Do (68 years of birth, leisure).

The Plaintiffs’ Address Suwon

원고들 소송대리인 법무법인 米米 담당변호사 박 9

Korea Railroad Corporation

Daejeon

Representative President Doz.

Law Firm * Attorney Park Young-chul, Counsel for the plaintiff-appellant

February 14, 2011

March 14, 2011

1. The Defendant shall pay to the maximum % of the Plaintiff 31,075, 258 won, and to the Plaintiff, Seoul Special Self-Governing Province, 30, 625, 258 won, and each of the said money, 5% per annum from September 22, 2009 to March 14, 201, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. One-half of the costs of lawsuit shall be borne by the plaintiffs, and the remainder by the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff, the maximum amount of KRW 48, 634, and 500, and to the plaintiff, the amount of KRW 47, 734, and 500, and each of the above amounts to the plaintiff, the amount of KRW 5% per annum from September 22, 2009 to the delivery date of a copy of the complaint of this case, and the amount of 20% per annum from the next day to the day of full payment.

1. Basic facts

(a) An accident;

(1) On September 22, 2009, at the same day, the university students were enrolled in the Sung-dong, Seo-gu, Seocheon-gu, Seocheon-si. ④ On September 22, 2009, 23: (a) on the same day, the maximum number of 2 soldiers per week were fluences while moving to the station and getting on board the upper rolling stock in order to return home to a person who is in the Young-gu, Young-gu, Suwon-gu, Suwon-si, Suwon-si.

(2) On the same day 23: 17 on the 17th day of the Osan Station, after getting off the Osan Station, and then getting out of the Twit line platform (125 cm with a height of 125 cm) to the Twit line platform and getting out of the Twit line platform to the Twit line for the Twit line. On the other hand, in mind of finding the mobile phone distribution network of the U.S. from the end at the point of 7 points in the No. 7 point in the No. 7 point in the Sten line of the U.S., left the line, and 23:00 on the same day of the No. 27, the cargo train that passed the Osan Station at a speed of 80 km a speed of 80 km per hour on the line as above.

C Finding C and making a light string, but it did not reach a level, and caused the collision of the head of the highestCC with the aspect of the said train, and caused the lowest e to fall at a point less than 65 meters away from the place of the train and caused the death of the highest e to the cerebral cerebral le, etc. (hereinafter referred to as “the instant accident”);

(3) The natives of the Mao (hereinafter referred to as “the Deceased”) are the deceased, and they are the mobile phone after they are hedging with the deceased.

용하여 최C에게 무사히 귀가하고 있는지 여부를 물어보았는데 , 망인은 그 과정에서 '어ㅇㅇ ' , ' 머스 ' 등의 문자메시지를 발송했고 , 같은 날 23 : 23경 마지막으로 박凶짐에 게 ' 아머수숴련다 ' 라는 내용의 문자메시지를 발송하였다 .

However, the relatives of the deceased stated to the purport that they were not under the influence of alcohol at the time of 'the deceased' and her hedging at the investigative agency.

(b) The reverse calendar situation at the time an accident occurred;

(1) At the time of the instant accident (2:00 to 02:0 on the following day), three employees in the Osan Station were in charge of the instant accident, but one of them (the chief of the service division) was in charge of the platform inspection, and two of them were in charge of the train driving and the ticket inspection in the office of service.

The chief of the service division, around 23: 17, when making a tour of a down-line platform around the same day, around 23:20, around 20: A witness at the nearest 1st of the upper-line line platform, and the driver was trying to get the driver from 23:25 to the time of the instant accident. However, he did not confirm the line that the cargo train passed while trying to escape.

The place where a worker was employed at the time and the where the deceased was located shall have a large volume of 120 meters, and if the line is confirmed at the place where the worker was placed, there was no element of the field disability if it was from the edge of the platform to the other edge of the platform.

(2) On the top-line platform (220cm in length, 8cm in width) in which the instant accident occurred, safety fences (122cm in height, 320cm in width) are installed at the end of the place where the 62cm in width (122cm in height, 320cm in width) is at the end of the entrance section (240cm in width). The floor at a place where 95cm in width is away from the end of the other place has a yellow line, a safety manual is installed, and a safety manual is attached at 2 cm, and an automatic guidance broadcasting device was installed to inform the entry of trains. At the time of the instant accident, the warning broadcasting was normally made for one minute prior to the entry of trains.

(3) At the Osan Station, ten closed-circuit television ( CCTV) around the platform was installed, and it is difficult to confirm the location where the deceased was located at the time of the instant accident due to a distance away from the location.

(4) The average daily passengers of the Austria are 19,286, and 454 thereafter, and the small public interest service personnel are in charge of platform safety management by 220,000 hours at night.

C. Status of the parties

The plaintiffs are the parents of the deceased, and the defendant is a juristic person who manages the Osan Station.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 14, 15, Eul evidence 1 through 15, 17, 19, and video (including each number), witness evidence 8's testimony and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Party’s assertion

① Plaintiff

The defendant's placement of sufficient safety personnel, and the inspection of the tour of the safety personnel's platform;

In spite of the fact that the occurrence of the accident was prevented by the method of checking the safety of passengers using CCTV, there was negligence that caused the accident of this case.

(2) Defendant

The Defendant did not have any ability to assign safety personnel to the Osan Station, and there was no safety personnel to neglect the platform tour - inspection duty, and the place where the deceased was on CCTV does not have been confirmed by the land, and in light of the circumstances of the accident, the Defendant could not anticipate or avoid the accident of this case, so there was no negligence or causation.

B. Determination

(1) Increase in the number of safety personnel and CCTV surveillance;

As seen earlier, it is only one employee who was in charge of the platform tour inspection at the time of the instant accident, and the staff who observed CCTV is also not able to confirm the movement of the deceased, but is also found to have been operated normally in light of the evidence and the facts as seen earlier, namely, the following circumstances acknowledged as follows: (a) the Defendant appears to have been equipped with other safety measures, such as safety fences or information broadcasting; (b) the number of passengers and the fares for railroads by time, and the financial situation of the Defendant, it is not clear that there is no clear ground to conclude that the number of personnel posted within time falls short of the required level under the social norms; and (c) there is no evidence to deem that there was any error in the location of CCTV installed around the platform, and therefore, this part of the Plaintiff’s assertion is without merit.

(2) Failure to conduct a tour inspection on platform;

In light of the following circumstances acknowledged by the facts and evidence as seen earlier, i.e., the Osan Station is likely to cause a collision with the train due to the relationship not set up on all the platform areas; (ii) the text messages sent by the deceased and the actions of the deceased immediately before the instant accident; and (iii) there was no special reason for the Deceased to go against the Osan Station; (iv) it appears that the deceased was under the influence of alcohol on the platform and line at a considerable time around the time of the instant accident, and (v) even if the director of the immediately preceding accident reduced around the platform and platform areas, he could prevent the occurrence of the accident by discovering the deceased’s abnormal behavior and making him access to the cargo train that had entered the platform; and (v) there was no likelihood of a collision with the train as an employee at least by taking into account the following circumstances: (i) whether the passengers were on duty of care, such as making the passengers appear at the time, and (ii) it was not likely that the passengers were on duty of care to move to the train immediately.

Ultimately, the defendant is liable for compensating the deceased and the plaintiffs for damages caused by the accident of this case, since it is deemed that his employees caused the accident of this case in violation of the safety care for passengers.

(3) However, even though the deceased, who used a train under the influence of alcohol, did not have access to the train, he was negligent in failing to take due care of safety. Since the deceased's above mistake was the main cause of the occurrence and expansion of the damage, it is reasonable to 85% in light of the developments leading up to the occurrence of the instant accident.

Therefore, the defendant's liability ratio is limited to 15%.

3. Scope of liability for damages

(Calculation convenience period shall be calculated on a monthly basis, but in principle, the period of less than a month shall be included in the multiple sound period of the relevant period, the amount less than a won and less than the last month shall be discarded, and the current amount of the damages shall be calculated by deducting the intermediary interest at the rate of 5/12 per month in the case of the present amount of damages at the time of the accident).

(a) Actual income;

(1) Personal information: A male who was born on February 19, 1988, and the age of 21 years and 7 months at the time of the instant accident.

The military service has already been completed.

(2) Occupation and income: Urban daily wage (as sought by the Plaintiff)

(3) Operation Period: February 2, 2012, as sought by the Plaintiff, after the date of the instant accident.

22. From February 18, 2048, the date on which operation ended, may be operated once every 22th day of February (from the date on which 60 years of age elapsed).

(4) Cost of living: 1/3 of income;

(5) Calculation: 228, 336, 777 as listed in the following calculations:

2012 – 2- 2 of the first day 222201 – 2- the last day 1867.12G 90G 1221 days, 1493, 1600 m 16.256 m 29m 21) 27. 27. 27.p 23235m l 1435m 1435m 229. 254128, mutatis mutandis.)

(b) Funeral expenses.

3,000,000 won (Plaintiff Choi 2)

C. Limitation on liability

(1) The defendant's liability ratio: 15%

(2) Property damages after limitation of liability.

(1) Daily income: 34, 250, 516 won ( = 228, 336, 777 won x 15 percent)

(2) Funeral expenses: 450,000 won ( = 3,000,000 won x 15 percent)

(d) Condolence money;

(1) Reasons for taking into account: The details and result of the instant accident, the age, family relationship, etc. of the deceased and the plaintiffs

Various circumstances shown in the argument of this case

(2) recognized amount

(A) The Deceased: 18,00,000 won

(B) Plaintiffs: each of 4,500,000 won

(e) Inheritance relationship;

(1) Amount to be inherited: 52, 250, 516 won ( = lost income: 34, 250, 516 won + 18,00,000 won, 00 won)

(2) Inheritance amount

26, 125, 258 won ( = 52, 250, 516 won x 1/2 of inheritance shares)

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 13, and the purport of the whole pleadings

4. Conclusion

Then, the defendant 31,075, 258 won ( = 26,125, 258 won in inheritance + funeral expenses 450, 00 won + consolation money 4,500, 00 won + 30,625, and 258 won ( = 26, 125, 258 in inheritance) to the plaintiff for the plaintiff, the plaintiff is the largest person.

Won + 4,500,000 won) and each of the above money are liable to dispute about the existence and scope of the obligation to pay a high-priced amount from September 22, 2009, which is the date of the instant accident, to the extent of the existence and scope of the obligation to pay a high-priced amount, 5% per annum under the Civil Act until March 14, 201, which is the date of the instant judgment, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, each of the plaintiffs' claims is accepted within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

Judges Shin Jin-hun