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(영문) 부산지방법원 2014.12.10 2014가합2177
손해배상(기)
Text

1. The defendant Korea Railroad Corporation shall either KRW 40,247,507 for each of the plaintiff A and B, and KRW 1,000,000 for each of them.

Reasons

1. Basic facts

A. Plaintiff A, E’s parents, Plaintiff C is the type of E, and Defendant D is the worker of Defendant Korea Railroad Corporation and the engineer of KTX train.

B. On October 27, 2009, E, while attending the third grade of the Incheon National University, served two times from 18:00 to 21:28, while living together with F, G, etc. in the vicinity of the Busan National University.

C. Since the completion of a drinking-type building, E passed through a railroad crossing (crime crossing) in front of the same ice apartment in the same Dong in Busan-dong, Busan-gu, and passed through the old new entrance zone, and came to the point 2.1km located in the 5-line Busan-ray Busan-ray located in the east-gu, Busan-do (hereinafter “the point of the instant accident”).

Defendant D operated at around 23:47 on October 27, 2009 the KTX trains and passed through the Busan Station in the direction of the Busan Station, and followed up to approximately 65km/h of the pande station. Defendant D stopped at the point of the instant accident by discovering that E was in progress in the direction of the emergency, but stopped due to the rapid stop of the emergency, but stopped, and stopped more than 100 meters.

(hereinafter the above train accident is referred to as “instant accident”). E.

E died of the instant accident, and the blood alcohol concentration of E was 0.24% at the time of death.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1 through 4, Gap evidence 2-2, and 3-1, 2, Gap evidence 4, 5-2, Eul evidence 2-1 through 5, result of field inspection, the whole purport of the arguments

2. Judgment on the plaintiffs' claim against the defendant Korea Railroad Corporation

A. The defendant Korea Railroad Corporation, claiming the plaintiffs, installed lighting facilities so that the engine companies operating trains at night can identify things on the front side, and installed fences, etc. to prevent civilians from entering the tracks including the point of the instant accident without permission. However, the defendant Korea Railroad Corporation's negligence caused the instant accident by failing to perform such duties.

B. Determination 1 liability for damages.

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