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(영문) 서울중앙지방법원 2015.02.04 2012가단5115970
손해배상(자)
Text

1. The Defendant’s KRW 92,810,593 as well as the Plaintiff’s annual rate from February 21, 2012 to February 4, 2015.

Reasons

1. Occurrence of liability for damages;

A. On February 3, 2012, at around 07:20, the Plaintiff was injured by the steel entrance of the subway line jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun-jun (hereinafter “instant accident”).

2) Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) concluded a non-life insurance contract related to Defendant Samsung Fire Co., Ltd. and subway accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 5, 8-12 (including each number; hereinafter the same shall apply), video and the purport of the whole pleadings

B. According to the facts of recognition of liability, the Korea Railroad Corporation neglected its duty of care to manage subways to prevent the malfunction of subways while operating subways, and caused the instant accident (or recognition of liability as an employer of subway operators, etc.). Therefore, the Plaintiff is liable to compensate for damages caused by the instant accident. Defendant Samsung Fire is liable to compensate the Plaintiff for damages caused by the instant accident. Defendant Samsung Fire is liable to pay damages to the Plaintiff by the Korea Railroad Corporation under a non-life insurance contract with the Korea Railroad Corporation.

C. Limit of liability: Provided, That the Plaintiff also opened an entrance once before the body was set up on the entrance due to the instant accident.

Inasmuch as the situation was closed, the Defendant’s responsibility is limited to 90% since it was found that there was an error in failing to perform the duty of care to ensure its safety even though it was due to the failure of opening and closing the entrance by examining the surrounding circumstances while boarding the subway, and such error contributed to the occurrence and expansion of damages caused by the instant accident.

(10% of the plaintiff's error). 2. The scope of liability for damages, other than those stated separately below.

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