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(영문) 인천지방법원 2020.01.10 2019나55494
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is the mother of the Appointee C (E) and the Appointor D are the father of the Appointor C.

B. On January 29, 2018, the Defendant sent the Defendant’s H message “F (G)” to the Designating Party C, “I am only Han Man-ri and Ko Sea Sea I am I am I am.”

F, around 12:00 to 14:00 on January 30, 2018, the following day, F: (a) around 12:00 to 14:00, Kimpo-si, Kimpo-si, i.e., a designated person who intends to go out of the game, blocking C, and wanting to go out of the game, and, (b) refused to do so, want to do so, “I wish to do so”, and “I want to do so”, and “I want to go out of dial,” and “I want to go out of clothes by putting her on the floor.”

After that, the Appointor C showed out of the area that the Appointor C exceeded the boomor F.

(hereinafter “instant tort”), / [Grounds for recognition] without dispute, Gap evidence 1 through 5 (including paper numbers), the purport of the entire pleadings.

2. According to the facts of the recognition of the above liability for damages, the defendant's son F committed an indecent act such as indecent act by compulsion against the plaintiff's child C, and it is reasonable to deem that F did not have an intelligence to change the liability for the act as an elementary school student of the age of 11 and 5 months at the time of the tort in this case, and therefore, the defendant is liable to compensate for the damages suffered by the Selection C, D, and the plaintiff as a person responsible for the protection and supervision over F.

(1) The amount of consolation money to be paid by the Defendant to C shall be determined as KRW 10,00,000 for the Plaintiff and the Appointor D respectively, in consideration of all the circumstances shown in the arguments in the instant case, including the background leading up to the occurrence of the tort in this case, the form, degree and frequency of the tort in this case, the relationship between the parties, and the age, etc.

The above amount is identical to the amount of consolation money recognized by the first instance court, and the defendant asserts as the ground of appeal that "the above amount is excessive, and it should be reduced." However, the tort of this case is committed.

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