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The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
Reasons
1. On January 20, 2019, the Plaintiff, a neighboring the Plaintiff, used a satat, fat, which is bound by the neck lines inside the “C”, a car repair shop operated by the Defendant (hereinafter “instant dog”), and suffered injury, such as distribution, distribution, beer fever, etc., by placing the left hand on the instant dog and taking approximately six weeks of treatment on the left hand.
(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5, 12, and Eul evidence Nos. 1 through 3 (including the number of pages) or the purport of the whole video and oral pleadings.
2. Determination
A. According to the above facts, the defendant is obligated to compensate the plaintiff for damages caused by the instant accident as an animal occupant pursuant to Article 759 of the Civil Act. (2) The defendant, as the animal owner or possessor, has a duty to compensate the plaintiff for the damages caused by the instant accident. The defendant stored the instant dog at the entrance of the repair shop so as to prevent the Plaintiff from entering the said dog as long as it does not enter the automobile repair shop. Thus, the defendant performed his duty of care as the animal owner or possessor. (2) Article 759 (1) of the Civil Act provides that the instant accident was caused by the plaintiff's access to and use of the instant dog. (2) Article 759 (1) of the Civil Act provides that "the possessor of the animal is liable to compensate for damages inflicted upon the animal. However, this shall not apply where the defendant did not neglect due care in keeping the animal in accordance with the type and nature of animals."
According to this, it should be argued and proved that the possessor of an animal exercised considerable care in keeping the animal in accordance with the type and nature of the animal in order to be exempted from liability for damages caused by the animal to another person.
In full view of the aforementioned evidence and the purport of the entire pleadings, the opening of the instant case at the time of the instant accident.