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(영문) 제주지방법원 2020.11.02 2017가단7568
손해배상(기)
Text

1. As to Defendant E and F, jointly with Plaintiff A, KRW 500,00 and each of the above amounts.

Reasons

Basic Facts

Plaintiff

A(G) A(G) is a baby born between Plaintiff B and C, and Defendant D(H) is a baby born between Defendant E and F, and the Plaintiffs and the Defendants are a baby between Plaintiff C and Defendant F (the remaining dynamics between Plaintiff C and Defendant F).

Plaintiff

At around 18:30 on August 30, 2016, Plaintiff A and C et al. were gathered in the house of the female son of Plaintiff C located in Seopopo-si, Seopo-si on August 30, 2016. During the process, Plaintiff A and Defendant D had a franched between Plaintiff A and the Defendant D. In this process, Defendant D’s head and Plaintiff A had an accident of collision with Plaintiff A, with Defendant D’s head and Plaintiff A’s sected the Plaintiff.

(hereinafter “instant accident”). On August 31, 2016, Plaintiff A was diagnosed at L dental clinic on the left-hand side of the hump and the hump of the hump of the hump of the hump and the hump of the hump of the left-hand side of the hump and the hump of the hump of the hump of the hump of the hump and the hump of the hump of the hump of the hump of the hump

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4, 8, and 9 (including paper numbers, hereinafter the same), and the purport of the whole pleading as to whether the liability for damages occurred or not, Article 753 of the Civil Code provides that where a minor inflicts damages on another person, he/she shall not be liable for damages if there is no intelligence to change the liability for the act.

However, it seems that Defendant D did not recognize the fact that he was legally responsible for his act as a child under seven years of age at the time of the instant accident.

Therefore, it is reasonable to view that Defendant D is not liable for damages under the above provisions of the Civil Code.

According to the above facts based on the recognition of Defendant E, F liability, Defendant E, and F are obligated to supervise Defendant D as the parents of Defendant D, and accordingly, Defendant E, and F are liable to compensate for the Plaintiff A’s damages caused by the instant accident.

(see Article 755(1) of the Civil Act). Accordingly, Defendant E and F asserted to the effect that they did not neglect their supervisory duties.

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