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(영문) 서울중앙지방법원 2016.09.28 2015가합528791
손해배상(기)
Text

1. Defendant Young-si’s each of the Plaintiffs’ KRW 57,786,562 as well as its annual interest from March 26, 2015 to September 28, 2016.

Reasons

1. Occurrence of liability for damages;

A. Basic facts 1) Plaintiff A (hereinafter “the deceased”).

The father and the plaintiff B are the mother of the deceased. The defendant C and D are police officers belonging to the F District Unit of the Yeongdeungpo-dong Police Station, and the defendant Kim Jong-si is the manager of G. 2) The defendant C and D, upon receiving a report from 112 that they are used on the road, are called to the Hem in front of the wife's H. The defendant C and D, who were in his place of residence on March 26, 2015, are on board the police vehicle by shouldering the deceased who was in his place of residence on March 26, 2015. At around 02:47 of the same day, the deceased was released at the J-cafeteria parking lot in the direction of the wife's residence, and left it.

3) However, on March 26, 2015, the Deceased did not enter the house, and at around 02:55 on March 26, 2015, the point where the G uniform section near the wife population K (hereinafter “the instant river”).

(3) Around 3 meters high of concrete retaining wall, and died of an external cerebral cerebral tymosis, ductal pelle, etc. (hereinafter “instant accident”).

(iii) [Ground of recognition] unsatisfy, Gap evidence 1, 2, 3, and 6 (including each number; hereinafter the same shall apply);

3.3 5 1.3 1.3 1.

B. The summary of the plaintiffs' assertion is that Defendant C and D did not take appropriate measures and left the deceased under the influence of alcohol from the police vehicle, and they did not have any defect in the river of this case, such as a fall prevention, a rail and a dangerous sign. The accident of this case occurred in combination with the negligence of Defendant C and D on duty, and the defect of the river of this case. Thus, Defendant C and D are liable for damages to each of the plaintiffs pursuant to Article 2(1) of the State Compensation Act and Article 5(1) of the State Compensation Act.

C. Determination 1 harms the life, body, and property of himself or another person due to the state of drinking by police officers against Defendant C, D, and Korea.

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