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(영문) 전주지방법원 2014.05.01 2012가단18436

손해배상(기)

Text

1. Defendant F, I, K, N, P, and S respectively to each of the plaintiffs A 3,00,000,000 won, Plaintiff B, and C respectively, and the plaintiff D, and E.

Reasons

1. Basic facts

A. At the time, Defendant F, I, K, N, P, and S, the third-class line of the middle school, committed assault against the Plaintiff A, which was the second-class line of the middle school, at around 12:20 on June 12, 2009, and at the time, the Plaintiff A, who was the second-class line of the middle school at that time, committed an injury to the Plaintiff F, I, K, N, P, and S, such as a pellley, fladying ground, and flashing the upper right-hand part of the music.

(hereinafter “instant injury”). (b)

Defendant G and H are the parents of Defendant F, and Defendant J is the father of Defendant I, Defendant L and M are the parents of Defendant K, DefendantO is the father of Defendant N, Defendant Q and R are the parents of Defendant P, Defendant Q and R are the parents of Defendant P, and Defendant T and U are the parents of Defendant S.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including virtual number), the purport of the whole pleadings

2. The occurrence of Defendant F, I,K, N, P and S’s liability for damages

A. According to the above facts of recognition, the above defendants are liable to compensate each of the plaintiffs for all damages caused by the injury of this case as joint tortfeasor.

B. On the other hand, according to each of the above evidence, the plaintiff A provided the team of this case to the above defendants, who are the ship's ship, in order to not kill the above defendants, and the plaintiff A's above point can be recognized as the ground for expanding the occurrence of the injury of this case. Thus, it shall be considered in calculating the plaintiffs' damages, but it is reasonable to view that the rate is 30% (70% of the above defendants' liability ratio): in light of the above facts.

3. The Plaintiffs, as to Defendant G, H, J, L, M,O, Q, R, and U, did not present the grounds for the claim that the Defendants should bear in addition to the fact that they were the parents of students who committed joint tort. Even if they sought liability pursuant to Article 755 of the Civil Act, if they seek liability pursuant to Article 750 of the Civil Act, as to the fact that the students who committed joint tort did not have the responsibility, they should prove the fact that they were not responsible.