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(영문) 의정부지방법원 2014.02.13 2011가단65334
손해배상(기)
Text

1. Defendant C’s KRW 5,983,920 as well as the Plaintiff’s annual rate from April 13, 201 to February 13, 2014, and the following.

Reasons

1. Facts of recognition;

A. At the time of 2011, the Plaintiff and Defendant C were enrolled in the second half-year G middle school located in Namyang-si, Namyang-si.

B. On April 13, 2011, Defendant C et al., along with the Plaintiff et al., received sports classes using flasck in a school. From approximately 1.5 meters away from the Plaintiff, Defendant C left the Plaintiff’s flasck in the process of driving the Plaintiff’s flascul disc at a distance of about 1.5 meters, and flascing the Plaintiff’s face to the Plaintiff, Defendant C was flascing the Plaintiff’s flascing the Plaintiff’s flascul in the Plaintiff’s flasculb, and suffered an eye, etc.

(hereinafter referred to as “instant accident”). C.

Defendant C was sent to the District Court 2012 Ma819 juvenile protection case due to the instant accident, and was subject to a disposition under Article 32(1)1 and 2 of the Juvenile Act (Article 32(1)1 of the Juvenile Act (Article 32(1)1 of the Juvenile Act (Article 32(1)1 of the Juvenile Act).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 2-1 through 18, Gap evidence 6-9, Gap evidence 10-1 through 16, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the above facts finding that the accident in this case occurred, the plaintiff is a tort against the plaintiff, and the defendant C was capable of sufficiently changing his responsibility for his own act as a student of middle school at the time of the accident in this case. Thus, the defendant C is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident in this case.

As to this, Defendant C argues to the effect that the above Defendant’s liability should be limited to 50% since the Plaintiff was negligent in light of the developments leading up to the occurrence of the instant accident. However, there is no evidence to acknowledge the Plaintiff’s negligence, and the above Defendant’s above assertion is rejected.

B. The fact that the Plaintiff spent the medical expenses of KRW 983,920 due to the instant accident is a dispute between the parties.

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