Case where illegality is discovered as an ordinary act

If a juvenile who is 12 years of age is tightly prone to two children, and the bicycle exceeds a bicycle, it is not illegal as a play normally permitted in light of the purpose, method, risk, etc. of the act.

Article 750 of the Civil Act

Plaintiff 1 and two others

Defendant 1 and one other

Busan District Court (80 Gohap2725)

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The original judgment shall be revoked.

The Defendants jointly and severally pay to the Plaintiff 1 the amount of KRW 1,472,50, and the amount of KRW 300,000 per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.

All the costs of lawsuit shall be borne by the defendants in the first and second instances.

In full view of the contents of Gap evidence 2 and 3, Eul evidence Nos. 1, which are acknowledged by the testimony of non-party 1, and the testimony of non-party 2 of the court below and non-party 1 of the trial witness, the whole purport of the oral proceedings is examined. The plaintiff 1 is a male baby of February 7, 1968, and the plaintiff 1 is a male baby of the non-party 2 of the court below and the non-party 2 of the trial witness. On August 23, 1980, the plaintiff 1 was a male baby of the non-party 3 of the non-party 1's age and the defendant's 5 degrees 3 to 6 years old from the defendant's house at the Jin-gu, Jin-gu, Seoul Special Metropolitan City, and the defendant's 1's son's son's son's son's son's son's son's son's son's son's son's 1 and the defendant 3's son's 1's son.

As above, the plaintiffs asserted that they are responsible for compensating for damages suffered by the plaintiffs due to this accident as their parents, so long as they did not have an intelligence to change their responsibility for the act, they are parents. Thus, according to the above facts and evidence, all the three persons who participated in the bicycle game left 12 years and 6 years of age, and their friendships with the plaintiff 1 and her relatives were prepared to make their seats and their grandchildren fit for children of 3 to 6 years of age, and the interval between them was unreasonable on the above three-year-old bicycle, and their body was too excessive in terms of their relation to the bicycle on which two persons were on board, and their body was not easy to operate and operate the bicycle on their physical strengths, and thus, they were not able to request the non-party 3 to keep the bicycle out of their age in light of the circumstances and risk of loss of the bicycle operation and operation and operation, and the non-party 3's usual act was not able to harm the defendant's intent to play without any specific intent to do so.

Therefore, it is clear that the plaintiffs' claim for this case, which is premised on the non-party 3's act to constitute a tort due to its illegality, is without merit in this respect, and it should be dismissed in entirety without any need to determine the remaining arguments of the plaintiffs. Therefore, the original judgment is just in this conclusion, and the plaintiffs' appeal is dismissed in entirety, and the costs of appeal are assessed against the plaintiffs who have lost them.

Judges Seo-dae (Presiding Judge)