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(영문) 울산지방법원 2016.11.16 2015가단55044

손해배상(기)

Text

1. The Defendants jointly and severally agreed to the Plaintiff A, KRW 14,912,859, KRW 3,944,650, and KRW 3,000,000 to the Plaintiff C.

Reasons

1. Basic facts

A. At around 16:00 on November 10, 2014, Defendant D sought to catch the Plaintiff A, who had been first set up in the direction of the H school playgrounds located in Yangsan-si G, Yangsan-si.

B. Plaintiff A was involved in an accident that Defendant D was pushed ahead of his power to catch the said Plaintiff (hereinafter “instant accident”).

The Plaintiff suffered injury (hereinafter “the injury in this case”) by the accident in the instant case, such as the franchisa and franchisa of the franchisa, the franchisa on the left-hand side of the franchisa, and the franchisa of the franchisa in the upper left

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Gap evidence 3, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. The defendant D, who caused the instant accident prior to the occurrence of the liability for damages, is liable for the damages suffered by the plaintiffs.

In addition, Defendant D could have known that he was under the full protection and supervision of his parents as the sixth-year student at the time of the instant accident. In such a case, Defendant E and F, the parents of Defendant D, have the duty to protect and supervise Defendant D in order to avoid doing any act that may harm others, but Defendant E and F neglected such duty, thereby resulting in the instant accident. Therefore, it is reasonable to view that there exists a proximate causal relation between Defendant E and F’s breach of duty and the damages suffered by the Plaintiffs.

Therefore, Defendant E, F, and Defendant D are jointly and severally liable for the damages suffered by the Plaintiffs.

B. The limitation of liability for damages seems to have been insufficient in light of the Defendant D’s age at the time of the instant accident. The Defendants’ liability is 70%, taking into account the following factors: (a) Plaintiff A had left the way to stop at the time of the instant accident; (b) Plaintiff A’s age; (c) the developments leading up to the instant accident; and (d) the degree of damage; and (e) the relationship and all other circumstances between the parties revealed in the course