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(영문) 대구지방법원서부지원 2015.07.16 2014가단8565
손해배상(기)
Text

1. Defendant D’s KRW 3,00,000, Plaintiff B, and Plaintiff C respectively, and each of the said money on November 2013.

Reasons

1. On November 11, 2013, when Plaintiff A (E) was enrolled in FF Middle School in the second grade and third grade of 2, 2013 under Defendant Daegu Metropolitan City, Plaintiff A (E) suffered injury, such as high-frequency of high-frequency, by assaulting G (H) who was enrolled in the second grade and 11 of the same school’s corridor in the above school’s corridor at the time of the fifth grade and the first grade of 5 school.

(hereinafter referred to as “instant accident”). At the time, at the time, Plaintiff A was playing in the same way as G was in line with it, and G was also knenee in the process of serving Plaintiff A with knee.

Plaintiff

B and C are the parents of Plaintiff A, and Defendant D is the mother of G.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Eul evidence 2, the purport of the whole pleadings

2. Determination on the claim against Defendant D

A. According to the above recognition of liability for damages, Defendant D was the mother of G, and was responsible for general supervision in the daily life of G for about 14 years and over 4 months of age at the time of the instant accident, and Defendant D was negligent in giving guidance and giving due attention to ensure that ordinary G does not assault another person, but caused the instant accident.

Therefore, Defendant D is liable to compensate the damages suffered by the Plaintiffs due to the instant accident as a tort.

B. Meanwhile, the Plaintiff’s liability for damages is limited, and the Plaintiff’s fault was found to have caused the assault of G by overcoming the disaster, such as playing G first, and such mistake is deemed to have caused the instant damage. Therefore, in calculating the amount of damages to be compensated by Defendant D, it shall be considered in light of the above facts, and it is reasonable to view that the ratio exceeds 30% in light of the above facts.

[Reasons for Recognition] The written evidence Nos. 1, 2, B, and 2 and 3 of Eul, the purport of the whole pleadings

C. Scope of liability for damages 1) Wang medical expenses: 2,805,400 won (i.e., urology)

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