1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The relationship between the parties 1) On March 25, 201, the Plaintiff is a student who was enrolled in the sixth and sixth grade of the F elementary school in Yeongi-si M at Chungcheongnam-gu, Chungcheongnam-si, and the Plaintiff B and C are the parents of the Plaintiff. 2) The Defendant is the father of D who was enrolled in the same half of the Plaintiff and the F elementary school.

B. At around 08:20 a.m. on March 25, 2011, D where the instant accident occurred, the Plaintiff A and one person were seated adjacent to the sixth and sixth grade class of the F Elementary School at the 08:20 a.m., and thereafter, he/she was seated with a person who sits with another person.

At that time, the plaintiff A, who was seated in the chair, was able to report D that he was seated to himself, and D, was frighting to the plaintiff A as it is, and the plaintiff A, and the plaintiff A, who was seated with the luxle of the plaintiff A (hereinafter referred to as the "accident of this case").

2) On April 17, 2011, Plaintiff A suffered injury from escape of the conical signboard Nos. 4-5 due to the instant accident, and on April 17, 201, Plaintiff A received “pacting, livering, livering, and fixed alcoholic beverages to the 4-5 conjection in force.” [Grounds for recognition] There is no dispute, and written evidence Nos. 1 through 6 (including serial numbers; hereinafter the same shall apply).

- The purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition of the liability for damages, it is recognized that the Plaintiff caused the instant accident due to negligence during the occurrence of the instant accident while D was in distress and sustained injury.

D, however, at the time of the instant accident, is a student of the sixth-year elementary school at the age of 11 who is not capable of recognizing his/her legal responsibility due to his/her act. Thus, as the father of D, barring any special circumstance, the Defendant, who is the person responsible for protection and supervision of D, is obligated to compensate the Plaintiffs for the damages incurred by the instant accident pursuant to Article 755(1) of the Civil Act.

B. Limit of liability, however, the following are recognized by taking account of the evidence mentioned above and the purport of the entire pleadings.