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(영문) 창원지방법원 2017.05.17 2016나5706
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 29, 2014, Defendant C abused the Plaintiff and sustained bodily injury, etc. for two weeks on the ground that the Plaintiff was her mother’s desire and her her mother, and was her fluent.

In addition, on June 22, 2014, Defendant C assaulted Plaintiff B on the ground that he continued to be subject to punishment even though he was sentenced by the Plaintiff B, who was the Plaintiff’s A’s son, even though he was sentenced to punishment for the said assault.

2) Defendant C was F’s life, and was 16 years old and 11 months old at the time of the above tort, and Defendant D was the mother of Defendant C and was designated as a person with parental authority around November 24, 2004, and thereafter protected and supervised Defendant C. The ground for recognition was without any dispute, and the purport of the entire pleadings and arguments are as follows.

2. Determination as to the cause of action

A. According to the above facts, it is reasonable to view that Defendant C was a minor at the time of each tort committed against the Plaintiffs, but was capable of changing the responsibility for his own act. Defendant D also failed to perform the duty of protection and supervision as a person with parental authority of Defendant C, who is a minor, and thereby, Defendant C is deemed to have committed the above tort.

Meanwhile, in a case where a loss was incurred due to a minor’s illegal act with the ability to assume responsibility and there is a proximate causal relation with the minor’s breach of duty by the supervisor, his/her supervisor is liable for damages as a general tortfeasor (see, e.g., Supreme Court Decision 93Da22357, Aug. 27, 1993). The Defendants jointly are liable to compensate the Plaintiffs for the damages for each tort.

B. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

C. According to the theory of lawsuit, the Defendants jointly do so to the Plaintiff A.

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