logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.05.20 2014가단27899
손해배상(자)
Text

1. The Defendants jointly share the Plaintiff A with KRW 9,251,700, KRW 500,000 to Plaintiff B, and each said money on August 28, 2013.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) Nonparty E, around 17:00 on August 28, 2013, crosses the crosswalks in front of the business center located in Ulsan-gu, Ulsan-ro 51, Ulsan-gu, Ulsan-gu, Ulsan-gu, 201; (b) Nonparty E, despite getting off a bicycle and walking the bicycle, was driving the bicycle to the front of the business center at the crosswalks of pedestrians; (c) Nonparty E, who was crossing the bicycle at the opposite level, caused injury by shocking the Plaintiff A, who was walking the bicycle and walking the bicycle on the ground of the opposite part, by shocking the Plaintiff A, leading the bicycle to the floor, thereby getting beyond the floor (hereinafter “instant accident”).

(2) Plaintiff B is the Plaintiff’s child, and the Defendants are the parents of E.

[Reasons for Recognition] In the absence of dispute, the statements in Gap 1, 2 and 3

B. The occurrence of liability E is an elementary school student of the age of 9 at the time of the instant accident, who is not capable of changing legal responsibilities due to one’s own act pursuant to Article 753 of the Civil Act.

Therefore, the Defendants, as their parents, are legally obligated to supervise E, are liable for damages suffered by the Plaintiffs due to the instant accident caused by E pursuant to Article 755(1) of the Civil Act.

As to this, the Defendants asserted that there was negligence by discovering and avoiding E even with the Plaintiff, but there is no evidence to acknowledge the negligence of the Plaintiff A. Therefore, the Defendants’ assertion is rejected.

2. Scope of damages.

(a) Expenses for medical treatment and transportation: 251,700 won (no dispute exists between the parties);

B. Mutual aid: Although non-recognized medical expenses paid by the Defendants amount to KRW 3,102,050 are not disputed between the parties, it is difficult to recognize the Plaintiff’s negligence, the Defendants’ assertion of mutual aid cannot be accepted.

C. The plaintiff A received hospital treatment for about one month after being recovered from No. 1 and 12, and continued to receive hospital treatment for about five months after being recovered, and the physical function of the plaintiff A is not impeded, but it does not interfere with the plaintiff A.

arrow