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(영문) 서울중앙지방법원 2014.12.11 2014가합534669
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D A. On March 3, 2008, on the night, he was drunk and on March 2, 2008, on the second line of the Seoul subway, and on the same day, the train arrived at the sex zone, which is an end point of 22:25 on the same day.

Before entering the vehicle into the base room, the engineer found D which was able to have a guest room bread while drinking.

The engineer shouldered D and loaded it to get out of the platform safety line, and boarded the following trains.

(b) the engineer returned to D after boarding the train.

The engineer reported that the number of passengers who were in the lower-class branch is to fill the D, and that the entrance door was closed around 22:27 on the same day.

D On the other hand, since getting off the platform, it was set up by another passenger who was in a non-sick-distance, but it was set up by the third vehicle of the net train in which the train makes a speed from the departure after the locking.

D was sent to a hospital but died after completion.

At this time, D's blood alcohol concentration was 0.304%.

C. Plaintiff A’s wife, Plaintiff B, and C are children of D (hereinafter “the deceased”).

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Whether to recognize liability for damages;

가. 당사자들의 주장 요지 ⑴ 원고들의 주장 ㈎ 서울지하철 2호선을 운영하는 피고 소속 기관사는 만취하여 몸을 제대로 가누지도 못하는 망인을 직접 하차시켰음에도 그가 승강장의 안전선 밖에 있는지 제대로 확인하지 아니한 채 열차를 출발시킨 과실이 있다.

Furthermore, the platform of the Seoul subway No. 2 did not have physical facilities to prevent safety accidents, such as safety fences and screen air, and safety personnel did not have any place. In addition, the defendant was negligent in not taking appropriate measures to prevent safety accidents even in installing and managing history.

The Deceased shall be the deceased.

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