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(영문) 대구지방법원 서부지원 2018.07.04 2015가단14093
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. Facts of recognition;

A. The Plaintiff and Defendant D are students who were enrolled in H middle schools located in Daegu-gu Daegu-gu G at the time of 2015, and are their friendship.

Defendant E and F are the parents of Defendant D.

B. At around 16:10 on March 16, 2015, Defendant D: (a) putting garbage in the vicinity of the H middle school parking lot and broom dust near the broom; (b) putting the said garbage brooms to the Plaintiff while brooming with each other; (c) thereby, the Plaintiff suffered bodily injury on the left-hand side of the boom, which requires approximately four weeks of treatment.

(hereinafter “instant accident”). C.

Defendant D was dismissed on January 26, 2017 from the public prosecutor belonging to the Seo-gu District Public Prosecutor's Office to the probation office on the condition of entrusting the guidance to the probation office.

[Ground of recognition] The evidence Nos. 2, 3, 7, Eul's evidence No. 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Plaintiff suffered injury due to Defendant D’s tort, and Defendant E and F neglected their duty to protect and supervise Defendant D as the guardian of Defendant D, and caused the instant accident. As such, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 5,00,000, including the sum of KRW 412,800, future treatment expenses, KRW 2,700,000, KRW 4,112,800, and KRW 7,112,000, in consideration of various circumstances.

B. According to the facts of recognition as above, Defendant D is a tortfeasor who directly caused the instant accident, and Defendant E and F are jointly and severally liable to compensate the Plaintiff for the damages incurred by the instant accident, as a general tortfeasor who neglected his duty to protect and supervise Defendant D, who is a minor.

However, the following circumstances acknowledged by the aforementioned evidence, i.e., the instant accident occurred between the Plaintiff and Defendant D, who is a minor, in the school, and during the occurrence of the accident.

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