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(영문) 서울중앙지방법원 2016.07.20 2015가단5056843
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2013, around 21:20 on September 27, 2013, the Plaintiff intending to walk a public toilet located in the opposite part of the deaf-gu funeral in the neighboring park among the mountain books in Gangnam-gu Seoul, as well as the friendship. Defendant B (School Year 1 at that time) who used the farming district caused an accident (hereinafter “instant accident”) which caused the Plaintiff’s growth rank, thereby suffering from the injury of “closed trees and the frame.”

B. Defendant C and D are the parents of Defendant B.

C. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Marine Fire Insurance Co., Ltd.”) is an insurer that guarantees the loss incurred by Defendant B, the insured, due to an accident involving another person’s body and property, by bearing legal liability.

The deaf-gu of this case has a farmland price, which is owned by the deaf-gu master, and the pents facilities are not installed between the deaf-gu master and the general traffic roads.

[Evidence of Evidence] Facts without dispute, Gap evidence 1, Gap evidence 4, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred while Defendant B passed through the farm site at the time when Defendant B shuts down the farming-gu competition. Defendant B, etc., taking account of the driver, failed to fulfill his duty of care to prevent the accident or duty of safety consideration, thereby causing injury to the Plaintiff, and this constitutes tort against the Plaintiff, and thus, Defendant B is liable to compensate the Plaintiff for damages.

Defendant C and D as the parents of Defendant B, who are a minor, had the duty of supervision over Defendant B, who is a child, to look at and prevent an accident in the deaf-gu and the Do, but failed to do so. Thus, Defendant B, as a supervisor of Defendant B, is liable to compensate for the damages suffered by the Plaintiff due to the tort.

Defendant Company.

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