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(영문) 창원지방법원 2019.06.27 2018나57770
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant D, E, F, G, and H in excess of the amount ordered to be paid below.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the part of the judgment of the court of first instance with respect to each claim against Defendant D, E, F, G, H, I, J, and K between the end of the eighth to the 11th sentence of the judgment of the court of first instance was determined as follows; and (b) “3........’s judgment on the remaining grounds of appeal by the Defendants” is added to “the judgment on the remaining grounds of appeal by the Defendants”; and (c) thus, it is cited by the main sentence of Article 4

【Supplementary Use】

2. Determination as to the plaintiffs' respective claims against Defendant D, E, F, G, H, I, J, and K

A. According to the fact of recognition as above, Defendant D and G are liable for damages suffered by the Plaintiffs due to each tort described in paragraphs (b) and (c) of Article 1, and Defendant I is liable for damages suffered by the Plaintiffs due to the tort described in paragraph (1)(c).

Furthermore, even if a minor has the ability to perform his/her responsibility for tort, if there is a proximate causal relation with his/her breach of duty by the supervisor of the minor, the supervisor shall be liable as a general tortfeasor (see, e.g., Supreme Court Decision 93Da13605, Feb. 8, 194). Although there is the ability of the defendant D, G, and I to assume responsibility for the defendant D, and I, at the time of the tort, the defendant D was 17 years old, the defendant G was 15 years old, and the defendant I was dependent entirely on the parent in economic aspect while he/she was living together with his/her parents at the age of 16 years old, and was under his/her protection and supervision. Thus, the parents of the defendant D, G, and I were negligent in neglecting the above duty of care and supervision to prevent the above Defendants from committing a tort, and such negligence under the protection and supervision was caused by each of the above tort. Therefore, the plaintiffs' damage and the defendant D's parents, the parent of the defendant EF, and the defendant G.

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