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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On June 21, 2018, the Plaintiffs’ status-based D (hereinafter “the deceased”) died on or around 00:27, and the Plaintiff A is the father of the Deceased, and the Plaintiff B is the only inheritor of the Deceased.
B. At around 23:28 on June 20, 2018, the Deceased was on board the fire fighting train (E) in the Suwon Station, and around 23:57 on the same day, the Deceased left the platform for reasons of fire, after getting out of the train, and then left the platform. (ii) On the part of the deceased, the Deceased was killed on the wall at around 23:57 on June 20, 2018, after getting out of the train, the number of the train is changed only by the number of the train to return it to the base of the vehicle (the train is changed by the F, the operation is completed, and the train is returned; hereinafter referred to as the “instant train”). On June 21, 2018, the Deceased was killed with the external hand on both hand and by suffering from the shock.
(hereinafter referred to as “instant accident”). [Grounds for recognition] A-5 and 11] Nos. 1-5 and 11, and the purport of the whole pleadings.
2. Summary of the plaintiffs' assertion
A. At the time of returning the instant train, Defendant C, an engineer of the train, was obligated to look at the platform, etc. prior to departure under the relevant laws and regulations, and did not comply with such duty, thereby causing the death of the deceased by operating the train without knowing that the deceased was being transferred to the instant train.
Therefore, pursuant to Article 750 of the Civil Act, Defendant C is a tort, and the Korea Railroad Corporation (hereinafter “Defendant Corporation”) is the employer of Defendant C, and is liable for damages arising from the death of the deceased pursuant to Article 756 of the Civil Act. Accordingly, Defendant C is obligated to pay the amount claimed (one lost profit, KRW 184,891,338, KRW 50,000, KRW 50,000, funeral expenses, KRW 250,000) to the Plaintiffs, the heir of the deceased.
(b) Preliminary assertion (as to the claim against the Defendant Corporation), ① Control staff of the Yongsan Station shall be the control staff of the Yongsan Station.