Main Issues
Liability to compensate for the death of a child who was listed in the Dong name tag and for the damage of a child who is the owner and possessor of the Dong name plate.
Summary of Judgment
The defendant is liable for damages in the event that the defendant's market in possession of the same name tag installed on India fails to maintain and manage the safety of the same name tag, and if he/she dies away from the ground of the wind, the child is liable to compensate for the damage.
[Reference Provisions]
Article 758 of the Civil Act
Plaintiff-Appellee
Plaintiff 1 and one other, Attorneys Choi Young-young, Counsel for the plaintiff-appellant
Defendant-Appellant
Attorney Lee Jae-ho et al., Counsel for the defendant-appellant
original decision
Seoul High Court Decision 80Na1393 delivered on November 7, 1980
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The defendant's attorney's grounds of appeal are examined.
1. As to ground of appeal No. 1
According to the reasoning of the judgment of the court below, the court below acknowledged that the same name tag "Yinjin 2", which was the cause of the accident of this case based on its macrofics, was managed by the head of Sigjin 2 and the head of Sigjin-jin 2 Dong, without changing the structure or location since the residents of Sigjin-gu, Gyeonggi-do, the 2nd unit of Sigjin-gu, the defendant's Sugjin-nam branch office, as part of the Saemaul project under this Chapter, as part of the Saemaul project, around May 1972. The above name tag was constructed by the residents of Sigjin-gu, the above name tag was donated to Gwangju-gun, and the above area was transferred to Sig-si and the ownership of the defendant and the fact that the defendant was possessed and managed by the defendant. However, even after examining the process of the above fact-finding by the records, the court below did not err in the misapprehension of the facts against the rules of evidence as alleged in the records.
2. As to the ground of appeal No. 2
According to the reasoning of the judgment of the court below, although the court below recognizes the fact that the name tag of this case is located above India, and the road is managed by the defendant, the court below recognized the above name tag as the facility of the road and held the defendant as the road management agency of the road not responsible for any defect in the installation and preservation of the above name tag as in the theory of the lawsuit, but held that the defendant owned the above name tag under the circumstances such as recognition at the time of original adjudication, and held that the defendant is responsible for any defect in the installation and preservation of the above name tag under the premise that it is in possession and management. Therefore, the judgment of the court below is without merit.
3. As to the ground of appeal No. 3
According to the reasoning of the judgment below, the court below held that this case's name plate was 1.3 meters in width and 1.4 meters in height by piling up a mentbro mentbro, and that there was a iron-type, and that there was a lot of school and authorizations around India, and that there was a lot of 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 7 years old son's son's son's son's son's son's son's 5 years old son's son's son's son's 7 years old son's son's son's 5 years's son's son's 1.
4. 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 judges.
Justices Yoon Il-young (Presiding Justice)