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(영문) 부산지방법원 2017.09.12 2016가단315856
손해배상(산)
Text

1. The defendant,

A. Plaintiff A: KRW 78,913,047; KRW 153,85,031; KRW 3,000,000; and Plaintiff D.

Reasons

1. Basic facts

A. Plaintiff A’s wife, Plaintiff B’s child, Plaintiff C, and D are E’s parents.

B. On December 10, 2007, E entered the Defendant’s facility management center and performed the work of maintaining, repairing, replacing, and restoring railroad tracks from around 2015 to F under the Busan Headquarters’s Busan Headquarters’s Busan Headquarters’s Busan Headquarters’s place of business.

C. On July 30, 2015, E, along with H affiliated with G at the Busan Facilities Office G, was put into the le-day search work for the area adjacent to the K tunnel located in the J basin (rail-day inspection work) and H was carried out in the le-day search work, and E was engaged in the train monitoring work.

E and H confirmed that the on-line train of No. 1682 passed through the K tunnel, and around 10:00, they entered the J tunnel basin and started off from the first station. At around 10:20, at around 10:20, E and H discovered the on-board train of No. 1778, which entered the K tunnel from the first station to the K tunnel. At around 178, E and H had up to the shelter in the tunnel, while avoiding the train attached to the tunnel due to lack of time, there was an accident (hereinafter “instant accident”).

[Ground of recognition] The facts without dispute, Gap's entries in the evidence Nos. 1 through 3 and 9 through 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The allegation of the 1st party in the occurrence of liability for damages did not fully take safety measures such as improving the working environment and strengthening the number of workers in order to prevent any collision with trains in the K tunnel where the Defendant, who is a worker, had the worker E perform the work at the high risk of the accident, and caused the accident of this case. Thus, the Defendant is liable for compensating for the damages caused thereby, and the Defendant thoroughly provides safety education to the workers.

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