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(영문) 서울중앙지방법원 2017.12.19 2014가합42368
손해배상(기)
Text

1. The Defendant: (a) KRW 30,648,371 to Plaintiff A; (b) KRW 22,775,760 to Plaintiff B; and (c) from August 21, 2012 to August 21, 2017 to each of the said money.

Reasons

1. Basic facts

A. The Defendant is a corporation operating air transport business at home and abroad, which is an air carrier of the A30-323 Z 231 Z (registration number HL8258) (hereinafter “instant aircraft”). The Defendant entered into an air transport contract with the Defendant to the Incheon Republic of Korea where the Defendant and the departure point are the persons boarding the instant aircraft.

B. On August 21, 2012, the instant aircraft took off an international airport for Hojan on the same day, and, around 15:17, around 15:17, the instant aircraft used approximately 40,000 feet over the airspace in Japan, thereby severely shaking the aircraft over two occasions.

(hereinafter “instant accident”). C.

Plaintiff

B was supported by the rapid shaking of aircraft in a toilet, which was supported by the public, falls on the floor, and sustained the left-hand kes. When the Plaintiff unfolded the safety bell to assist the Plaintiff B, which was used on the floor, the aircraft had been supported by the public on the wind of the Plaintiff A, and suffered injury, such as the Ampha and the Amphaly fly flacing, flacing the seat of the seat.

(hereinafter the plaintiffs suffered injury (hereinafter referred to as "the injury of this case"). 【Ground of recognition】 Facts without any dispute, Gap evidence Nos. 1 through 8, Gap evidence No. 37, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiffs’ alleged flight crew did not confirm the fact that the weather radar was broken out due to negligence, and eventually, the aircraft of this case passed the aircraft without discovering any disturbance, while passing through the aircraft.

Accordingly, the Plaintiffs suffered the instant injury as the instant aircraft was seriously shakened.

Therefore, the defendant, as the carrier of the air transport contract, suffered damages by the plaintiffs as the user of the flight crew as the carrier, the plaintiff A suffered positive damages of KRW 27,298,168 and KRW 100 million, and the plaintiff B suffered positive damages of KRW 79,73,717 and KRW 79,73.

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