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(영문) 울산지방법원 2016.08.31 2016나1830
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Plaintiff was a resident of Ulsan-gu C, 5 Dong 301, the Defendant, and each resident of the same 202 Dong. 2) On September 8, 2015, the Plaintiff was discharged from the lower floor using stairs around 13:00 on September 8, 2015, and the Defendant’s son was discharged from the Defendant’s apartment at the entrance where the second floor and the stairs are in contact with, and was faced with, the first floor.

(3) As a result, the Plaintiff received treatment at the E Hospital located in Ulsan-gu, Ulsan-gu, by suffering injuries, such as cage 4, 5, the right side 4, and 5 weeks in need of treatment, damage to cage water, salvines, salvines and tensions, shoulders and straws, and straws, etc. In addition, the Plaintiff received treatment at the E Hospital located in Ulsan-gu. The hospital expenses of KRW 178,400, dental mold costs of KRW 110,000, medicine expenses of KRW 30,000, 3000, 88,400, total sum of KRW 1,58,400, and 950,000,000, 1,58,000,000, and 1,5,000,00,000.

5) At the time of the instant accident, the Defendant’s ASEAN was the sixth-year student in elementary school. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, 3, and 4 (where there is a serial number, each entry including each serial number, the inquiry results of the first instance court’s fact-finding on the Southern Fire Fighting Force in Ulsan Metropolitan City, Ulsan Metropolitan City, the purport of the entire

B. According to the above facts of recognition of liability, in the case of the elderly, such as the plaintiff who resides in the upper floor immediately above, D is found to have been negligent by neglecting the bicycle on the corridor among the stairs jointly used by the residents, although it is possible to expect the risk of being infected with the bicycle in the case of the elderly, and the defendant is obligated to supervise the minors who are not capable of being responsible as the mother of D, and therefore, it is liable to compensate the plaintiff for the above tort pursuant to Article 755(1)

C. On the other hand, D has the ability to judge as an elementary school student at the time of the instant accident.

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