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(영문) 인천지방법원 2016.03.16 2014가합6967
손해배상(기)
Text

1. The defendants jointly do not constitute KRW 34,352,168, and KRW 3,000,000 and each of the above amounts to the plaintiff C.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of the arguments as a result of the physical examination commissioned by this Court to the Director of the Incheon Elive Hospital of the Incheon Elive University: (a) No. 1, No. 2-1, and No. 25; and (b)

Around April 12, 2014, the Defendants’ ASEAN (at that time, 12 years of age) taken the Plaintiff’s sexual organ, which was the Plaintiff A and B’s children, into a mobile phone at the Yeonsu-gu Incheon Metropolitan City G Apartment G apartment playground, and threatened the Plaintiff C with his sexual organ as soon as possible, and then threatened the Plaintiff C that “the Plaintiff would be shocked if the Plaintiff’s father speaks to her mother.”

(hereinafter “instant tort”). Accordingly, F was sent to the Daejeon Family Court as a juvenile protection case, and was decided on August 11, 2015 to be subject to a protective disposition due to a violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes.

(The Daejeon Family Court 2014P1307). B

Plaintiff

C due to the instant illegal act, C suffers from symptoms of stress disorder, such as avoidance response, excessive boundary sense, extreme senstinity, difficulty in controlling decentralization, and prefluence of similar situations, etc., which are repeated and brupted, repeated and fluences on a person similar to a perpetrator’s child, and the symptoms of stress disorder, such as a prefluence on the occurrence of a similar situation.

2. According to the facts of recognition as above, F, as the Defendants’ children, is a minor who is merely 12 years of age at the time of the tort in this case, and is incapable of having no legal capacity to change his/her liability due to his/her own act, and the Defendants, who are persons with parental authority, have a legal obligation to protect and culture the F (Article 913 of the Civil Act). As such, the Defendants, who are the persons with parental authority, jointly and severally pursuant to Articles 755(1) and 753 of the Civil Act, are liable to compensate the Plaintiffs

3. Scope of liability for damages

A. The Plaintiff C’s treatment costs ( deemed to have been paid by Plaintiff C as sought by the Plaintiff) 1 caused by the instant tort, such as symptoms of stress disorder, etc.

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