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(영문) 춘천지방법원강릉지원 2014.12.24 2013가단6946
손해배상(기)
Text

1. The Defendant’s KRW 57,808,815 as well as the Plaintiff’s annual rate of KRW 55% from July 30, 2013 to December 24, 2014, and December 25, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the one-story neighborhood living facilities (the primary area was 92.8 square meters per place, but the total area was 140 square meters since 47.12 square meters per place, and the total area was 140 square meters, and see, e.g., the written appraisal by the appraiserJ; hereinafter referred to as the “instant building”), and the Defendant is the father of Da (Ear) who is a minor.

B. D around 13:50 on February 26, 2012, with F, G, and H, the first grade student of the same middle school, and H, the first grade student of F, G, and the fifth grade student of elementary school, into the instant building, and continuously intrudes into the entrance of the instant building by using the draber, and continuously, with the soil at which the said F was located, attached a fire to the household at the entrance of the instant building, and caused an accident where the fire that remains in the said household due to the wind to move out of the instant building without completely extinguishing the fire, following the wall and ceiling of the instant building.

(hereinafter “the instant fire accident”). C.

On the other hand, D also intrudes into the building of this case with G, etc. and received attention from I, the lessee of the building of this case, and the defendant also purchased insurance for liability for damages during family life in order to conduct such behavior.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 6-2, 19, 20, 21, Eul evidence 1-1, 3, 5, and 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant neglected his duty of care to continuously guide and supervise D, a minor child, to prevent damage to others, and D, along with F, caused the instant fire accident. Thus, the defendant is obligated to compensate the plaintiff for the damage caused by the instant fire accident.

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