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(영문) 서울중앙지방법원 2016.06.07 2015가단132506
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On April 29, 2015, around 18:45, the network D (hereinafter referred to as “the network”) committed suicide by putting in the structure of the steel system for tree support, such as the F box of the Namyang Police Station located in Nam-si, Namyang-si, Namyang-si, and then hanging in the G playter (hereinafter “instant playter”).

B. The plaintiff A’s wife, the plaintiff B, and C are the children of the deceased.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 1 through 6, 9 through 13, and the purport of the whole pleadings

2. Since H and police officer I, who claimed by the plaintiffs, caused the death of the deceased by negligence as follows, the defendant is obligated to compensate the plaintiffs who inherited their respective inheritance shares of the deceased for the total amount of KRW 90 million [the total amount of KRW 11,270,80 (=the total amount of KRW 55,170,410 (=the total amount of KRW 11,270,000 for active damages of KRW 7,670,80 for funeral expenses) (the total amount of KRW 3.6 million for the sale of graveyard at KRW 7,670,80)].

① During the deceased’s investigation, the deceased was found to have drank four illness, and the blood alcohol content was measured as 0.126%, and thus, the deceased was well aware that he was in the state of being taken. Even if the driver’s license was revoked from the deceased, the deceased returned alone without taking measures to safely deliver the deceased who did not have the ability to make a decision, or lacks the ability to make a decision, to his family members.

② The CCTV installed in the F police box did not properly verify the CCTV, although the deceased was taken scambling from the play of this case.

3. Determination

A. According to the evidence mentioned above, the following facts are recognized.

(1) On April 29, 2015, the police officer of F police box called the deceased to check the operation of drinking alcohol on the part of the deceased, after receiving a report by the deceased under the influence of alcohol in front of the KMel located in the J of South-si, Nam-si. On the same day, at around 17:30 on the same day, the police officer voluntarily carried the deceased with the FM box to perform a alcohol test, and the blood alcohol content was measured to 0.126%.

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