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(영문) 서울남부지방법원 2016.09.01 2016나2500
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted on November 8, 2014, around 08:20, at the subway Line 7: (a) around the subway station, the Plaintiff was trying to take off the train 8-4 screened from subway 7 lines to the Dowing Line 7 lines of subway lines (7076) and the entrance. The Defendant, who is an engineer of the subway train belonging to the Seoul Metropolitan City Urban Railroad Corporation, did not verify the Plaintiff’s boarding properly, and was injured by either intentionally or negligently shut down the entrance at the entrance of the said passenger vehicle. The Defendant is obliged to pay the Plaintiff damages amounting to KRW 8,818,210, the sum of the medical fees of KRW 2818,210, and KRW 600,000,000.

2. The judgment was based on the facts that the plaintiff tried to board the subway at the above time and place, but it was recognized that the plaintiff laid the entrance in the subway station. On the other hand, as to whether the defendant, the operator of the subway station at the time of the above flight, operated the entrance in breach of the duty of care required for the average operator of the subway department entrance, it is not sufficient to recognize the above only the each of the descriptions of the certificate No. 1 through No. 7 (including the number of branch numbers), and there is no other evidence to prove otherwise.

(O) According to the statements and images of Gap evidence 2-3, Eul evidence 2-3, Eul evidence 2-3, and Eul evidence 3, the plaintiff's negligence is difficult to recognize because the plaintiff's claim in this case is dismissed as it has no reason, and the judgment of the court of first instance is just as the conclusion is justified, and the plaintiff's appeal is dismissed as the plaintiff's appeal is justified.

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