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(영문) 부산지방법원 2018.10.24 2018나48953
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings, the fact that around December 11, 2014, Defendant (GG) did not discover the Plaintiff (Js) who was to leave the toilets from the toilets of the third floor of the International Elementary School located in Busan B, Busan, and to the toilet to the rest of the rest of the toilet located in Busan, and the Plaintiff conflict with the Plaintiff (hereinafter “instant accident”). The Plaintiff was injured by the instant accident, which led to the instant accident.

B. On the premise that the Plaintiff’s ability to assume responsibility is recognized to the Defendant, the Defendant asserts that the Plaintiff is obligated to pay the Plaintiff the total amount of KRW 9,118,090 for the damages incurred by the Plaintiff pursuant to Article 750 of the Civil Act (i.e., the total amount of KRW 448,100 for the daily income of KRW 592,170 for the medical expenses of KRW 448,170 for the medical expenses of KRW 307,82

Article 753 of the Mono Civil Code provides that "if a minor inflicts damage on another person, and there is no intelligence to change the responsibility for the act, the minor shall not be liable for compensation."

As seen earlier, it is reasonable to view that the Defendant was an elementary school student at the time of the instant accident, who was at the age of 9 and did not have the ability to recognize the Defendant’s tort liability at the time of the instant accident, in full view of various circumstances revealed in the argument process of the instant case, such as the Defendant’s age and the background leading up

(See Supreme Court Decision 78Da729 delivered on July 11, 1978, and Supreme Court Decision 78Da1805 delivered on November 28, 1978, etc.). C.

Therefore, the plaintiff's claim is without merit without further review.

2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the first instance is just based on the conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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