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(영문) 수원지방법원 성남지원 2018.11.28 2017가단202134
손해배상(기)
Text

1. The plaintiffs' primary claims against the defendant Korea Railroad Corporation are all dismissed.

2. The defendant Korea Railroad Corporation.

Reasons

1. Basic facts

A. The Plaintiffs’ related network D (EE; hereinafter “the deceased”) died on April 18, 2016. The heir is the Plaintiff A (EM 3/7) and Plaintiff B and C (EM 2/7).

B. On April 18, 2016, the Deceased of the instant accident crosses the said steel path in front of his/her dwelling place in the original city F on April 18, 2016, around 08:43.

The operator of G agency affiliated with the defendant Korea Railroad Corporation died due to the Saemaul-hom (the central line, route number H, and the permanent residence from the port of view).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence (including branch numbers in case of additional number), Eul 1-3 through 7 of evidence 1-7 and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff Company G discovered the Deceased prior to the instant accident and did not look at the seat of the deceased, and even if so, did not sound the face.

Even if the deceased did not take any action, there is a negligence that did not take any such action. Therefore, the deceased did not have a warning or operating a train again.

Therefore, the defendant Korea Railroad Corporation is liable for tort as a user of G.

In this case, the deceased's negligence ratio is 70%, and the consolation money of the deceased is 14 million won, and the plaintiffs' consolation money is 18 million won in total (the plaintiff B and C consolation money of the plaintiff A8 million won).

B. Preliminary assertion places should install safety facilities, such as fences, etc. to prevent people from entering the said railroad tracks due to frequent traffic of people and adjoining houses. Defendant Korea Railroad Corporation is liable for damages due to failure to install safety facilities. If Defendant Korea Railroad Corporation has no duty to install safety facilities, Defendant KR is liable for damages due to failure to install safety facilities.

In this case, the percentage of the deceased's negligence is 75%, and the consolation money of the deceased is 12 million won, and the plaintiffs are 165 million won in total.

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