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(영문) 서울중앙지방법원 2015.01.23 2014나36688
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion

A. On January 11, 2013, at around 23:55, the Plaintiff: (a) arrived at the platform in order to get off the subway from the 3 new forestry station of Guro-gu Seoul Metropolitan Government, Guro-do, and opened a platform while under the influence of alcohol; (b) he was set up in a public telephone gambling room, which was installed there; and (c) he was immediately going to the platform by making it possible for electric trains to enter the platform while entering a mobile phone with female-friendly-gu and telephone calls; and (d) he fell into the platform with a blick distance off, which was installed inside the safe line; and (e) the Plaintiff fell into the platform at that time at that time at a speed of 45 km in speed from the direction of the luminous station, without avoiding the electric trains that entered the port at a speed of 45 km in speed in the direction of Yeongdeungpo-do; and (e) caused an accident to the left side of the train, thereby leaving the left side of the train.

B. The Defendant, as a person in charge of the management of the new forest railroad station, which is the place where the above accident occurred, did not assign safety personnel to prevent safety accidents, such as passengers’ satisfaction, in the event that screeners are not installed on the platform or screen screeners are not installed in order to prevent safety accidents, such as passengers’ satisfaction, but did not take the above safety facilities and safety measures, and the above accident occurred due to such defects in installation and preservation.

C. Therefore, the Defendant, as a compensation for damages, is obligated to pay to the Plaintiff the amount of KRW 18,130,274, the amount of KRW 11,085,562, the amount of KRW 14,810,00, the amount of KRW 10,000, the amount of KRW 10,000,000, the amount of KRW 44,025,836, the amount of KRW 26,415,50, and damages for delay from the date of the above accident.

2. Determination

A. In light of the overall purport of the pleadings, the following facts are recognized in the video of the evidence Nos. 1 to 3, and the video of the evidence No. 4.

① On January 11, 2013, at around 23:44, the Plaintiff took the hand from the platform in the direction of the Simdomine Station, to the congested passenger’s money.

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