(영문) 의정부지방법원 2014.11.19 2013가단160585

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(영문) 의정부지방법원 2014.11.19 2013가단160585

손해배상(기)

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiff's assertion

A. On September 15, 2012, the network E entered the “Glasna” of the Defendant’s operation located in the city of Jung-gu, the Government of the Republic of Korea, and was killed as the “sacrifeing funeral” on the same day (hereinafter referred to as the “instant accident”).

B. However, the above fire fighting, where the deceased was diving, caused the lack of oxygen due to the failure to operate the oxygen at the time, and the accident of this case where the heart of the deceased was suspended due to the cause.

C. In addition, on September 17, 2012, at least two days after the death of the deceased, the Defendant neglected the management of the instant friendship and its employees to the extent that the deceased was discovered.

If the Defendant had thoroughly managed the friendships, such as the oxygen generators, and the equipment and the fire fighting of the mountain, etc., more thoroughly, he would have not died of the deceased due to the lack of oxygen, and at least he could have relieved before the deceased died. Ultimately, the Defendant’s violation of the duty of management, supervision, etc. of the instant friendships or equipment, employees, etc. was caused by the instant accident. As such, the Defendant, as a sibling of the deceased, is liable to compensate the Plaintiffs and the plaintiffs for the damages suffered by the deceased and the plaintiffs.

E. Meanwhile, the Deceased’s loss equivalent to KRW 15,00,000 for lost income, KRW 30,000 for consolation money, KRW 30,000 for consolation money, and KRW 5,000 for consolation money, and KRW 20,000 for the Plaintiff’s sibling’s loss. Accordingly, the Defendant is obligated to pay to each of the Plaintiffs the amount of KRW 20,000 for consolation money (= KRW 45,000 for the Deceased’s loss = KRW 15,000 for consolation money of KRW 30,000 for lost income) for the deceased’s loss due to the instant accident, and damages for delay as stated in the purport of the claim.

2. The facts of the deceased's access to the instant rainhouse and the deceased's death in the mountain fire-fighting.

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