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(영문) 서울중앙지방법원 2016.12.09 2015가단5324539
관리운영업무대가 지급 청구의소
Text

1. As to the Plaintiff KRW 29,776,107 and KRW 28,679,90 among them, the Defendant shall pay to the Plaintiff KRW 1,09,00 from May 1, 2015.

Reasons

(a) even if the late time is less than 10 minutes, provide for the dissemination of the circumstances at the time of the Defendant and the Government by means of a short message;

3. Under the circumstances of 18.18, 06 U.S. trains were excluded from the overall programming due to a 06-scale train malfunction warning, resulting in a 06-scale train self-operation delay. Since the operation of subsequent trains was delayed for about four minutes, the subsequent trains were delayed for about four minutes:

3. 18. Situation is the subject of a short message, unless there are special circumstances.

3. With regard to the situation of 18.18., even based on the reply received by the Plaintiff after questioning with the Ministry of Land, Infrastructure and Transport, the pertinent train is deemed to have been an unqualified late operation and is subject to a report on the "operation disorder"

As to this, the Plaintiff:

3. The hours of delay in operation due to the situation of 18.18. It is merely about 4 minutes of time. The defendant's objection was not raised to this point since the plan of the maintenance and management of this case stated that "* Delayed operation: High-speed trains and electric trains have been operated for over 10 minutes due to delayed operation" under the "institution subject to reporting" of "2. Railroad accidents, etc."

3. Although the situation in 18. 18 is alleged not to be subject to the present maintenance plan, the part defining a delayed operation for more than 10 minutes of the present maintenance plan is not related to the part concerning “standard for disseminating situation” in the present maintenance plan, but rather, it cannot be deemed that the part concerning “standard for disseminating situation” in the part concerning “standard for disseminating situation” is exempted from the present maintenance plan.

If the plaintiff has to spread the situation of less than 10 minutes, it is unreasonable to spread the situation inevitably because it falls under the range of less than 1 to 2 seconds.

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