Main Issues
The duty of care of the crew when the general train passes through the upper home for the exclusive use of steel.
Summary of Judgment
The interval between the side of the passenger vehicle and the upper home at the time of passing through the upper home, which is the platform for the exclusive use of the steel industry, shall not exceed 15 cent-meter. Thus, the Vice Chief of the train has a duty of care to take measures necessary to prevent accidents, such as taking passengers into the front line before passing through the upper home, and closing the door of the platform.
[Reference Provisions]
Article 148 of the Commercial Act, Article 756 of the Civil Act
Reference Cases
Supreme Court Decision 76Da427 delivered on May 11, 1976, Supreme Court Decision 75Da1879 delivered on November 11, 1975
Plaintiff-Appellee
Plaintiff 1 and one other, Plaintiff et al., Counsel for the plaintiff-appellee-type defendant-appellee
Defendant-Appellant
Korea
original decision
Seoul High Court Decision 77Na4 delivered on April 27, 1977
Text
The appeal is dismissed. The costs of appeal are assessed against the defendant.
Reasons
Judgment on the grounds of appeal by Defendant Litigation Performers
According to the judgment of the court below, the non-party 1 was found to have been on the non-party 1's own 7 boom 1's own 7 boom 1's own 8's own boom 8's own 6's own 20's own 8's own 7's own 20's own 7's own 8's own 20's own 7's own 8's own 20's own 7's own 8's own 8's own 20's own 7's own 7's own 8's own 6's own 8's own 6's own 207's own 7's own 8's own 6's own 6's own 20's own 6's own 20's own 6's own 7's own 20's own 7's own 6's own 7's own 7's own 1's own 1's own 7's own.
Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Han-jin (Presiding Justice)