beta
(영문) 서울남부지방법원 2020.05.15 2018가단239749

손해배상(기)

Text

1. The Defendants jointly share KRW 4,356,047 with respect to the Plaintiff and KRW 5% per annum from May 31, 2018 to May 15, 2020.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff (FF) and G (H) are children attending the “I” childcare center, and the Defendants are parents of G.

The Plaintiff’s mother C and Defendant E had the Plaintiff and G, and around 4:50 p.m. on May 31, 2018, 50 p.m., G apartment K.

The plaintiff and G, while playing in a room where sheys are located together with other other us, around 5 p.m. on the same day, G had a total of about 1 cm in diameter (including punch and rubber material) on the left side of the plaintiff on the wind where she emitted about 20cc away from the plaintiff's face of the whole of plastic material at about 5 p.m. on the same day (hereinafter referred to as the "accident in this case"), and thereby, the plaintiff suffered a string of the inside, the left side and the inside, and the tissues of the plaintiff.

[Ground for recognition] Unsatisfy

B. According to the above facts of recognition, the defendants are responsible for compensating for property and mental damages suffered by the plaintiff due to the instant accident as a parent of G.

However, in full view of the various circumstances shown in the instant pleadings, such as the fact that the instant accident appears to have a toy and to have occurred as a contingency, it is reasonable to limit the Defendants’ liability for damages to 70%.

2. Scope of liability for damages

A. Wrons treatment expenses: 4,937,210 won [based on recognition] 6 through 15, 18 through 47, 49, and 51 items (including a provisional number) of Gap (the defendant asserts that the above treatment expenses are unrelated to the accident of this case, but the above symptoms are unrelated to the symptoms occurring only after the accident of this case, and thus, a proximate causal relation exists with the accident of this case. Thus, the defendants' above assertion is rejected)

(b) Limitation of liability: 3,456,047 won (=4,937,210 won x 0.7)

C. The consolation money: the background and circumstances of the occurrence of the instant accident, the injury suffered by the Plaintiff, the degree and degree of injury, and the Plaintiff.