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(영문) 울산지방법원 2017.03.30 2016나2956
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Plaintiff’s children of B and C, and F are the children of the Defendants, and both the Plaintiff and F were minors at the time of the following accident.

B. F around 16:00 on July 26, 2015, at the deaf-gu Mayor around 16:00, due to disputes arising in the course of engaging in the farming district with G, H, and the Plaintiff, the Plaintiff was subject to non-cerebral static surgery by suffering from the injury of the pelpelf and resulting in the injury of the pelf.

(hereinafter “instant accident”). C.

이 사건 사고로 입은 원고의 상해를 치료하는 데 합계 497,860원의 치료비가 들었고, 향후 원고가 만 18세가 되는 날 비(鼻)교정술이 필요한데 그 수술비로 합계 3,000,000원이 소요될 것으로 추정된다.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Gap evidence 15 (including each number), the purport of the whole pleadings

2. According to the facts found above, the Defendants are obligated to supervise F, who is a parent of F, and is not capable of being responsible. Accordingly, pursuant to Article 755(1) of the Civil Act, the Defendants are liable to compensate the Plaintiff for all of the damages incurred by the Plaintiff by the said illegal act as seen above.

3. Scope of liability for damages

A. The facts that the Plaintiff spent medical expenses of KRW 497,860 in treating the injury are as seen earlier.

B. The comparison of future treatment costs (a total of KRW 3,00,000) shall be deemed to have been conducted when the Plaintiff reaches 18 years of age ( November 5, 2021), and when calculating the current price at the time of the accident, it shall be KRW 2,285,700 as follows:

C. In full view of the circumstances and results of the instant accident and all other circumstances revealed in the pleadings of the instant case, the amount of consolation money shall be set at KRW 2,00,000.

Therefore, according to the theory of lawsuit, the defendants jointly committed against the plaintiff 4,783,560 won in total (=497,860 won in future treatment costs of KRW 2,285,700 in future treatment costs of KRW 2,00,000 in total) and this is from July 26, 2015, which is the date of tort.

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