Whether it is a defect in the installation and preservation of a telephone flag for failure to install a minening facility

(a) Where the Korea Telecommunication Corporation fails to install security facilities to prepare for lightning during telephone conversations, such as the installation of lightning equipment contact points when installing telephone devices, it shall be limited to defects in installing and preserving telephone devices;

B. In a case where there is no high structure in the surrounding rural area, the use of electric equipment such as telephone or other devices is dangerous to lightning, and thus, there is a duty of care to refrain from using such equipment. Therefore, in a case where the death of a person has been reduced due to lightning due to negligence, negligence should be offset.

Article 758 of the Civil Act, Article 28 of the Framework Act on Telecommunications

1. Supreme Court Decision 80Da1705 decided Dec. 23, 1980 (Public Compensation Act, Article 5 (36), Article 5 (210 of the State Compensation Act, Article 276-569);

Song-young et al. and four others

Korea Telecommunication Corporation

1. The defendant shall pay to the plaintiff Song Young-gu 19,410,751 won, 11,668,447 won, 17,671 won, 17,671 won, 900,000 won to the plaintiff Lee Young-gu 17,052,671 won, 17,671 won, and 90,000 won for each of the above money, and 5% of the amount from August 1, 1986 to the date of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. Of the costs of lawsuit, 2/3 of the costs of lawsuit are assessed against the defendant, and the remainder are assessed against the plaintiffs.

4. Of the money referred to in paragraph 1, the full provisional execution may be effected for the same merits as the plaintiff Song Young-gu, the same interest rank, and the same merits only for 2/3 of each, the plaintiff Lee Young-gu, and the same Kim Young-gu.

The defendant shall pay to the plaintiff Song-young 27,580,220 won, 16,838,413 won, 24,257,620 won, 24,257,620 won, 1,000 won, 1,000,000 won, and 5 percent interest rate from August 1, 1986 to the plaintiff Lee Jong-hee.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

1. Occurrence of liability for damages;

According to the provisions of subparagraph 1 to 3 of the above-mentioned telephone network equipment without dispute, the deceased's 4-2, 5-2, 6-2, 8, 10, 12, 10-2, and 20-3 of the above-mentioned telecommunications equipment installed at or near the above-mentioned telephone network equipment for the purpose of the protection of the deceased's 4-2, and the installation of new telecommunications equipment at or near the above-mentioned telephone network equipment for the purpose of the protection of the deceased's 7-2, and the installation of new telecommunications equipment for the purpose of the protection of the deceased's 4-6-2, and the installation of new telecommunications equipment at or near the above-mentioned telephone network equipment for the purpose of the protection of the deceased's 1 to 7-7, and the installation of new equipment for the purpose of the protection of the deceased's 4-6-year telecommunications equipment at or near the 5-year location of the deceased's 1986.

If so, the defendant Corporation is responsible for all damages suffered by the deceased and the plaintiffs due to the accident of this case caused by the defect in the installation and preservation as the owner and owner of the above telephone facilities.

However, according to the above facts, in light of the fact that the above deceased was located in a rural area where there is no high building in the center of the above mass, and there was 2 glus in the rear side of the above mass fraternity where the above telephone line was sealed, it should not be used because the use of electric equipment, such as telephone, etc. under the weather condition of the above thalle is dangerous, so it should not be used. However, milch with the above telephone was caused by the accident of this case in his hand, while neglecting this, milch was caused by the above telephone and the above telephone was caused by the accident of this case. Since this does not reach the extent that the defendant would be exempted from the liability for damages of this case, it should be reduced by taking into account the above negligence of the above deceased, but such ratio should be considered to exceed 20 percent in light of the above facts.

2. Scope of damages.

(a) Actual income:

In full view of the above evidence No. 1-2, evidence No. 9-2, evidence No. 9-2, evidence No. 2, evidence No. 11, evidence No. 11, evidence No. 15, and all purport of oral argument No. 15, the above deceased was physically healthy male who left 23 years and 7 months old at the time of the instant accident, and the average life expectancy of South Korea is 43 years old. The above deceased acquired a class 1 ordinary car from the Do governor of Chungcheongnam-nam on Dec. 27, 1984, and was on duty, and died of the accident No. 5 (Simplified Life Survey Report by Type of Employment), and No. 11, evidence No. 15, and evidence No. 15, the above deceased was found to be less than 2 years old and less than 3 years old and less than 4 years old, and it was clear that the above deceased's average life life is less than 3 years old and less than 4 years old and less than 17 years old.

According to the above facts, the above deceased could have been able to be engaged in driving for 389 months (32 years and 5 months) from the date of the accident in this case until the end of 55 years (32 months) from the date of the accident, and he had been able to obtain the revenue portion of KRW 216,916 [325,374 x 2/3] from the monthly income of KRW 325,374, the monthly income of KRW 325,374 from the date of the accident in this case, which was 50,092,238 (216,916 x 9292) from the date of the accident in this case. It is clear that the above loss amount occurred in the future is 50,092,238 won per month from the date of the accident to the date of the accident.

(b) Funeral expenses.

Comprehensively taking account of the description of Gap evidence No. 12 (Receipt) and the whole purport of the oral argument that the authenticity is recognized by the preceding purport of the oral argument, the fact that the plaintiff Song Young-young, his wife of the above deceased, caused the death of the deceased in the accident of this case, has taken the funeral of the above deceased and paid a sum of KRW 322,600 at his own expense, and there is no counter-proof otherwise.

(c) Set-off of negligence;

Therefore, property damage suffered by the above deceased due to the accident of this case is KRW 50,092,238, and property damage suffered by the plaintiff Song Young-young is KRW 322,600. However, considering the above negligence on the occurrence of the accident of this case, it is reasonable to reduce damages that the defendant is liable to compensate for to the above deceased by 40,073,790 won [50,092,238 won x 80/100], and the amount of damages that the plaintiff Song Young-young shall compensate for to the above deceased 258,080 won [32,60 won x 80/100] respectively.

(d) Condolence money;

In light of the empirical rule that the above deceased died from the accident of this case and that the plaintiffs in his family relation as seen above suffered considerable mental pain, the defendant is obligated to give a monetary injury. Thus, considering all circumstances such as the above deceased and the plaintiffs' age, family relations, property and education degree, the situation and result of the accident of this case, especially the degree of negligence of the above deceased as to the accident of this case, it is reasonable to pay 3 million won to the above deceased, and 30 million won to the plaintiff Song-young, and 900,000 won to the remaining plaintiffs.

(e) Inheritance relationship;

According to the evidence Nos. 1-1, 2, and 3 of the above deceased's property heir, it can be acknowledged that the deceased's property heir of the above deceased's wife is the plaintiff Song Young-gu and his children, who are his wife, and the plaintiff Lee Ho-hun, who is his wife of Australia, and the plaintiff Lee Ho-hun, who has not yet been married to him, had no other counter-proofs. Thus, the above deceased's property damage claim amounting to KRW 40,073,790, the sum of KRW 3,000,000, KRW 43,073,790, and KRW 43,073,790, each of the above deceased's property damage claims amounting to KRW 16,152,671 [3,790, KRW 3/8], 10,768,47, and KRW 437,79,80] of the above deceased's property heir of the above deceased's property 】

3. Conclusion

Therefore, the defendant is obligated to pay 17,052,671 won to the plaintiff Song Young-si (16,152,671 won in inheritance + funeral expenses + funeral expenses of KRW 258,00,000 in + funeral expenses of KRW 3,000), 17,052,671 won in inheritance + consolation money of KRW 900,000 in inheritance + consolation money of KRW 16,152,671 in inheritance + KRW 900,00 in inheritance) to the plaintiff Lee Young-hee, 11,668,447 won in inheritance + KRW 90,00 in inheritance + KRW 90,00 in total, KRW 47 in inheritance) to the other plaintiffs, and the remaining plaintiffs are obligated to pay damages for delay at the rate of KRW 9,00 in accordance with the above Article 98 of the Civil Procedure Act from August 1, 198.

Judges Lee Jae-hun (Presiding Judge)