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(영문) 서울중앙지방법원 2020.10.20 2019나41494
손해배상(산)
Text

1. The part of the judgment of the court of first instance against the defendant Seoul Transport Corporation shall be revoked, and the part of the revocation shall be the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is an employee of the defendant Korea Railroad Corporation who works as a local officer, and the defendant Korea Railroad Corporation is a corporation that operates trains in a light-line railroad, which is the plaintiff's user, and the defendant Seoul Railroad Corporation is a corporation that operates electric trains in a line of Seoul subway 1.

B. On January 15, 2016, around 7:06, the Plaintiff confirmed the defectiveness of the freight train No. 3102 operated by the Defendant Korea Railroad Corporation, which had been on the seven tracks between the tracks No. 7 and the tracks No. 8 used as the vice line of the Seoul subway No. 1 and the train No. 3106.

At that time, while the Seoul subway No. 1 Line S418 (hereinafter “instant electric train”) operated by Defendant Seoul Urban Transport Corporation’s engine company entered the electric train to 8 lines at a speed of 50km/h, the Plaintiff was found to be late after checking the condition of the cargo train between the said tracks, and the emergency control was conducted, but the Plaintiff did not stop.

(hereinafter referred to as “instant accident”). C.

The Plaintiff suffered injuries, such as divesafinites, vertebrates, etc., due to the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 6 (including each number, hereinafter the same shall apply), Eul evidence 1 through 5, 7 through 10, Eul evidence 1 through 4, and the purport of the whole pleadings

2. Request to the defendant Korea Railroad Corporation;

A. 1) An employer is an incidental duty under the good faith principle accompanying a labor contract, and is obligated to take necessary measures, such as improving the human and physical environment so that an employee does not harm his/her life, body, and health during the course of providing his/her labor, and is liable to compensate for damages caused by his/her employee’s violation of such duty of protection. 2) In addition to the aforementioned basic facts and the purport of the entire pleadings, the following facts and circumstances recognized are comprehensively taken into account.

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