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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. In full view of Gap evidence Nos. 1 through 5, the defendant's minor child (name omitted, 10 years old) was out of the balcony at the defendant's domicile around 20:00 on September 22, 2015, when considering the overall purport of the arguments as a whole, the defendant's minor child (name omitted, 10 years old) had three airbanes from the balcony at the defendant's domicile, and the above ship was demoted part of the part of the plaintiff A, who was playing in the apartment complex at the above ship, and the plaintiff A suffered approximately 3 cm heat above this part (hereinafter "the accident of this case"), and at that time, the plaintiff A was in the play place with the plaintiff's child Eul and Eul's friendship. Accordingly, it is reasonable to view that the plaintiff A suffered emotional distress by witnessing the above accident at the scene of the accident, and that the defendant was negligent in supervising the plaintiff's child as his mother-child, and that there was negligence in supervising the plaintiff's child as above.
Therefore, the defendant is liable for compensating the plaintiffs for damages caused by the instant accident as a tortfeasor because the defendant violated his duty of supervision as the mother of minor child and caused the instant accident to his child.
2. Scope of damages.
A. Plaintiff A’s damage 1) Recognizing KRW 2,017,940, totaling KRW 1,770,000 for active damages, 2,017,940,00 for future treatment expenses. Plaintiff A’s passive damage 2) asserted that Plaintiff A lost labor ability for 7 days, but there is no evidence to acknowledge it.
However, considering that the accident in this case suffered significant injuries on the head side of the head, it is reasonable to determine the profit for four days, and it is 2,176,368 won (income 100,112,970 won from July 1, 2015 to December 31, 2015).
3. The details and degree of injury of the accident in this case, and reflects it even after the sex surgery.