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(영문) 창원지방법원 진주지원 2017.04.25 2016가단33642
손해배상(기)
Text

1. Defendant E and F jointly share KRW 9,403,360 to the Plaintiff, as well as the year from April 30, 2016 to April 25, 2017.

Reasons

1. Basic facts

A. Defendant D is Defendant E and F’s children, and both the Plaintiff and Defendant D were minors attending the third grade of elementary school, and Defendant D was nine years of age at the time of the following accident.

B. Defendant D and the Plaintiff did not know that they were in common knowledge. Defendant D and the Plaintiff, on April 30, 2016, had been seated in play facilities at H elementary school located in Jinju-si on two occasions, and were able to the Plaintiff and the Plaintiff’s friendships. One of them was the Plaintiff’s ties, one of which was the Plaintiff’s occupancy, and the Plaintiff suffered an injury by three fluents of the upper part of the upper part.

(hereinafter referred to as the “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 4, the result of a physical examination commissioned to the president of an ordinary university hospital in this Court, the purport of the entire pleadings.

2. The plaintiff alleged that he is responsible for the damages suffered by the plaintiff jointly with defendant E and F as a direct illegal act causing the instant accident against defendant D, but the defendant D cannot be held liable for the damages at the time of the instant accident. Thus, the plaintiff's claim against defendant D is without merit without need to further examine.

3. Determination as to the claims against Defendant E and F

A. Defendant D’s establishment of liability for damages caused the instant accident and the Plaintiff’s injury caused by the instant accident, which constitutes a tort, and as such, Defendant D was determined as having no capacity to assume responsibility. As such, Defendant E and F, as a person with parental authority or supervisor of Defendant D, who is a minor incapable of taking responsibility, is liable for compensating the Plaintiff for the damages incurred by the Plaintiff pursuant to Article 755 of the Civil Act.

B. 1) Comprehensively taking account of the overall purport of the statements and arguments in evidence Nos. 7-1 to 8, 201, the fact that the Plaintiff spent 607,520 won of the Plaintiff’s medical expenses from May 2, 2016 to December 14, 2016 may be acknowledged. 2) future medical expenses are included in this court.

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