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1. The decision of the court of first instance is modified as follows. A. The decision of the court of first instance is modified as follows.
The defendants jointly do so to the plaintiff 45,001.
Reasons
1. Facts of recognition;
A. On September 30, 2014, around 23:40 on September 30, 2014, the Plaintiff operated a one-way road in the town Dong Dong-dong as a bicycle from wabdo-do-dong as a land guard. D (the age of 14 years and 6 months) operated as the opposite direction of the Plaintiff’s driving direction.
B. At the time, the part without any marking on the bicycle road (hereinafter “other parts”) was divided into a white cell line on the one-way road operated by the Plaintiff and D as follows, and there was a sign “on the one-way road” on the bicycle road only in the direction that the Plaintiff drives.
C. D conflicts with the Plaintiff’s bicycle riding in the opposite direction while driving a bicycle in other parts than the bicycle road.
(hereinafter referred to as "the accident of this case") d.
The Plaintiff suffered injury, such as damage to the left-hand meral gun due to the instant accident.
E. The Defendants are parents of D.
[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3, 9, 14, 20-1, 2, 21, 23 evidence, Eul evidence 1-1 through 8, 2-1 through 13, and the purport of the whole pleadings, and the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. Under Article 755(1) of the Civil Act, which is a special provision on Article 750 of the Civil Act, liability for damages, a person who is legally obligated to supervise a minor who has no capacity to assume responsibility is liable to compensate for such damages on the premise that the minor is not liable to the minor. In such a case, the person responsible for supervision cannot be exempted from liability unless he proves that he/she has not neglected his/her duty of supervision. On the other hand, even if the minor is held liable for tort on his/her own due to the ability to assume responsibility, there is proximate causal relation with the violation of the duty