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(영문) 대전지방법원 2004.10.26 2004가단12643
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts without dispute;

A. At around 16:17 December 7, 2003, C (hereinafter referred to as “the network”) was approaching the train of Mapop Seoul F Rose of Sharon-ho Lake that entered the line six km at a speed of about 1 km at the speed of about 1km in order to stop from the platform of E Station D located in Seo-gu Daejeon, Daejeon for getting off passengers. (The specific purpose of the train was not revealed to be getting off or going off) while approaching the train’s 6 guest car and platform of the said train, and around 5:6 meters, they died at the wind of the accident falling off on the line.

B. On September 26, 2003, Korea entered into a business compensation insurance contract with the Defendant on the amount of KRW 300 million per capita, the insurance period from September 26, 2003 to September 25, 2004 regarding human life accidents occurring during the railroad operation.

C. The plaintiff is the deceased's wife.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the accident occurred due to the negligence of the Republic of Korea as follows, and the Defendant, the insurer, is obliged to pay funeral expenses and solatium totaling KRW 21,068,730 to the Plaintiff, who is the wife of the Deceased, in subrogation of damages.

(1) The service personnel working in the E station must take safety measures to prevent the occurrence of safety accidents by passengers during entering the train, and in particular, the accident of this case occurred due to negligence, even though they should have paid more attention to the elderly such as the Deceased.

(2) In addition, the Republic of Korea did not install safety glass walls for the safety of passengers on the platform of the E Station or install safety facilities equivalent thereto, but the accident of this case occurred due to the defect in the installation and preservation of the E Station.

B. First, we examine whether Korea was negligent in the occurrence of the instant accident.

(1) First, the argument.

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