13. A case where a middle student who has been aged 5 months has no ability to assume liability for tort.

It is difficult to readily conclude that the so-called “an act of a person with intelligence capable of changing the responsibility for a tort,” where a middle student aged 13 years is a rubber gun, which is a dangerous object that cannot be said to be a toy during the war play, under the real name of a person with intelligence capable of changing the responsibility for a tort.

Articles 733 and 735 of the Civil Act

(1) Plaintiff 1 (2) Plaintiff 2 (3) is a minor, and Plaintiff 1 is an attorney Kim Jong-chul, who is a person with parental authority over Plaintiff 2.

Kim Dong-dong Kim

Seoul High Court Decision 77Na1449 delivered on March 10, 1978

The judgment below is reversed and the case is remanded to Seoul High Court.

The plaintiffs' grounds of appeal are examined.

The court below found the non-party 1 and the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party's non-party's non-party's non-party's non-party's non-party's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1'6's.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the minor's ability to assume responsibility and it affected the result of the judgment of the court below, which points this out.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-hee (Presiding Justice)