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(영문) 수원지방법원 2018.06.12 2016가단519207
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 31,518,352 to the Defendant (Counterclaim Plaintiff) and its related amount from March 8, 2015 to June 12, 2018.

Reasons

The main lawsuit and counterclaim are related to the scope of the plaintiff's liability for damages, and they are judged together as the same subject matter of lawsuit.

1. The plaintiff's liability for damages arises

A. The facts of recognition 1) On March 8, 2015, the Defendant alleged that the Defendant was killed and was involved in an accident because the entrance of the train was set up on the wind door, which was set up again, while the entrance of the train was set up from the subway station landing platform at the subway station (k6173) around March 17:12, 2015. However, there was no evidence to prove otherwise.

It is difficult to view that the Defendant, as Cshe was a senior citizen of 71 years of age at the time of the accident, was involved in an accident while boarding the door immediately even though the entrance is closed.

2) The Plaintiff concluded a business liability insurance contract with the Korea Railroad Corporation as the insured.

The insurance term of the above liability insurance is from February 10, 2015 to February 10, 2016. The security risks include the legal liability of the Korea Railroad Corporation due to life accidents and property damage of a third party in facilities including station premises owned, managed, and used by all trains and the Korea Railroad Corporation during the operation of trains.

[Evidence: Evidence No. 1, 2, 5, 7 evidence, Evidence No. 1, 12, and all purport of oral argument]

B. According to the facts of the recognition of the above liability for damages, the defendant was involved in the accident that the entrance was set up between the entrance and the entrance was shut down in the wind of the train operated by the Korea Railroad Corporation, and the accident occurred when the operator of the train did not properly confirm the defendant who was about to board the train.

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