[손해배상][집15(2)민,208]
Cases that are not taken into account despite negligence on the part of parents who neglected their duty to protect and supervise young children;
The "A" that died due to the accident is too three years old at the time of the accident, and the "B" moves from the right side of the road on which the "B" is in operation to the left side, and the "A" parent shall be in a position to protect and supervise the above deceased child, unless there are special circumstances, so the plaintiffs shall not be negligent in the occurrence of the accident, and the negligence shall be taken into account.
Article 763 of the Civil Act, Article 750 of the Civil Act
Plaintiff 1 and one other
Korea
Seoul High Court Decision 66Na1026 delivered on March 29, 1967, Seoul High Court Decision 66Na1026 delivered on March 29, 1967
The original judgment is reversed, and the case is remanded to the Seoul High Court.
As to the grounds of appeal by Defendant Litigation Performers:
According to the facts established by the original judgment, the non-party 1 who died of the accident at the time of the accident is over three years of age at the time of the accident, and the non-party 2's driver's disease is within the right side of the road on which the non-party 2 driving disease is in operation to the right side of the vehicle in operation and died. The plaintiffs are the parents of the deceased, and therefore the plaintiffs who are in the position of protecting and supervising the deceased son cannot be denied that there is negligence in the occurrence of the accident. However, the original judgment which does not take into account the negligence, did not apply the legal principles on offsetting negligence in the tort, and the appeal is justified, and the original judgment cannot be reversed.
Therefore, according to Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.
The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court and the vice versa.