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(영문) 대전지방법원 2016.02.04 2015가단2109
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 6,00,000 to Plaintiff A, KRW 1,00,000 to Plaintiff B, and each of the above amounts.

Reasons

1. Facts of recognition;

A. Plaintiff A (FF) is Plaintiff B’s father, and Defendant C (GG) is Defendant D and E’s children. At the time of the occurrence of this case, Plaintiff A and Defendant C were enrolled in the second year of H middle school.

B. From August 2013 to December 12, 2013, Defendant C distributed the Plaintiff’s video images (hereinafter “instant video images”) to I, J, and K of the same school-friendly job offering (hereinafter “instant tort”).

C. On October 14, 2014, Defendant C was subject to juvenile protective disposition by the Daejeon Family Court as the Daejeon Family Court 2014 Pu1219.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2 (including provisional number), Gap evidence 5 and 6, the purport of the whole pleadings

2. Determination:

A. 1) According to the fact that Defendant C’s liability for damages was acknowledged by Defendant C’s Defendant C’s negligence, it is reasonable to deem that Defendant C was the second grade student of the middle school at the time of the tort in this case, but was capable of changing his liability for his own act. Since the tort in this case was obvious in light of the empirical rule that Plaintiff A and Plaintiff B, the father of Plaintiff A, suffered mental distress, Defendant C is liable to compensate for mental distress suffered by the Plaintiffs due to the tort in this case, Defendant C is liable to compensate for the damages suffered by the Plaintiffs as the tort in this case. 2) Even if Defendant C is liable to compensate the parents, Defendant D, and E due to the minor’s ability to compensate for the tort, if there is proximate causal link with the violation of the duty

(See Supreme Court Decision 93Da60588 delivered on August 23, 1994). According to the above evidence, Defendant C was at the time a middle student and dependent on his parents in economic terms, and was under their protection and supervision. Thus, Defendant C is a juvenile parent.

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