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(영문) 대구지방법원 2014.02.20 2012가합12133

손해배상등

Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 4,157,930, and KRW 500,000 for each of the Plaintiff B and C, and KRW 200,00 for each of the Plaintiff D.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A is a child injured by the instant accident under the following (the first grade of elementary school at that time). Plaintiff I and J are children who inflicted an injury on Plaintiff A (the sixth grade of elementary school at that time). Plaintiff B and C are the parents of Plaintiff B and C, and Plaintiff D are the births of Plaintiff A.

3) Defendant E and F are parents of I, Defendant G, and H. B. The occurrence of the instant accident is the parents of J. 1) I and J were playing in the field of K elementary school playgrounds on November 25, 2009, where I were operating in the field of waters at K elementary school playgrounds, and J was going to play in the field of air by having J left the area of waters.

그러던 중 I이 던진 야구공이 J의 글러브를 맞고 뒤에 있던 철봉대에 다시 맞고 튕겨 나와 그 부근에서 뛰어놀던 원고 A의 좌측 눈 부위를 강타하였다

(2) The plaintiff A received emergency treatment in the health room immediately after the accident of this case, and received treatment after being transmitted to a neighboring hospital. The plaintiff was found to have suffered an injury, such as an sacrine, sacrine, sacrine, and sacrine, etc. as a result of the diagnosis (based on recognition). The plaintiff A was found to have suffered an injury in the sacrine, sacrine, sacrine, sacrine, sacrine,

A. The entry of the evidence No. 1, the fact inquiry results of the K Elementary School in this Court, the purport of the entire pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition as to the cause of the claim, Plaintiff A was injured due to the negligence committed by I and J’s negligence. At the time of the accident in this case, I and J constitute a minor in the sixth grade of elementary school, who is not capable of changing the responsibility due to their own act, and thus, the Defendants, as parents of I and J, have the legal duty to supervise them, are jointly and severally liable for damages suffered by the Plaintiffs due to the accident in this case under Articles 753 and 755(1) of the Civil Act.

B. The Defendants asserted that there was no liability for damages as to the Defendants’ assertion. The instant accident is force majeure.