Main Issues
A case where a middle student who was 14 years old and 2 months old at the time of an accident has no ability to assume responsibility for tort;
Summary of Judgment
Although the perpetrator at the time of the accident is a middle school student in 14 years and 2 months, if he/she was the first floor of a bridge with concrete which is easily string at night at the time of the accident, he/she was the victim who was up to the face on the top of the front floor and was pushed down without any own prior notice, he/she cannot be deemed as an act of a person with intelligence capable of changing the responsibility for other circumstances.
[Reference Provisions]
Article 753 of the Civil Act
Plaintiff-Appellee
Inasmuch as the Plaintiff is a minor, the legal representative Nonparty 1
Defendant-Appellant
Defendant
original decision
Seoul Civil District Court Decision 77Na1254 delivered on August 11, 1978
Text
The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.
Reasons
The defendant's grounds of appeal are examined.
According to the reasoning of the judgment below, the court below determined that the non-party 2 (the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's 5 months's son's son.
Reviewing the process of documentary evidence conducted by the court below in order to establish the above facts, the court below is legitimate, and there is no error in the misapprehension of legal principles as to the alteration of minor's tort liability, neglect of duty to care and custody, etc., and there is no error in the judgment of the court below in the misapprehension of legal principles as to the alteration of minor's tort liability, neglect of duty to care and custody, etc., and there is no error in the judgment of the court below in violation of the purport of the judgment of the Supreme
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-chul (Presiding Justice)