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(영문) 부산지방법원 2018.07.12 2017가단326150
손해배상(기)
Text

1. The Defendants jointly share KRW 26,317,737 with the Plaintiff and KRW 5% per annum from May 31, 2017 to July 12, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Marine Fire Insurance Co., Ltd.”) is an insurer who entered into an insurance contract with Defendant B (hereinafter “Defendant”) who is a parent of D and E as the insured to cover daily life compensation liability (legal liability for physical harm caused by a sudden accident attributable to the daily life of the insured).

(2) On May 31, 2017, the Plaintiff, which was operated by the Intervenor joining the Defendant near the G Elementary School located in the Busan Northern District, around 2017, where the supplementary intervenor, who was placed in the Defendant’s Intervenor (“H branch store” (a minor under the age of 12 years at the time of the accident) ordered to do so, then the supplementary intervenor was able to put the vehicle into the gate and moved to the gate, and was included in the misunderstanding of the Plaintiff’s subordinate part, then the Plaintiff’s investment into the Plaintiff was caused.

(hereinafter referred to as “instant accident”. (3) The instant accident occurred from May 31, 2017 to the same year from May 31, 2017, on the part of the shoulder 2 degrees of the shoulder excluding his/her hand and hand, with the exception of his/her 2 degree of image, cut, and shot, and the part with the exception of his/her 2 degree of image, cut, and shot, and the part with the exception of his/her hand and hand.

6. Until 27.28 days, he was hospitalized in the J Hospital located in Busan Northern-gu I.

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

B. According to the above facts of recognition, the defendant constitutes a supervisor under Article 755 of the Civil Act as the father of D, and thus, D, who is incompetent under Article 753 of the Civil Act, is liable to compensate the plaintiff for damages caused by the accident of this case. The defendant company, as the insurer, is liable to compensate the plaintiff for the damages caused by the accident of this case

However, the above restaurant appears to be a place where students such as elementary school students drink the same kind of food, etc., and accordingly, the plaintiff has a duty of care to safely protect his body in the situation where the plaintiff has a heavy food around.

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