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(영문) 서울중앙지방법원 2020.08.14 2019가단5097804
손해배상(기)
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiff A's claim is dismissed.

3. Of the litigation costs, between the Plaintiff B and the Defendant.

Reasons

1. Basic facts

A. Around 12:55 on June 6, 2018, the network E (hereinafter referred to as “the network”) died during the process of fixing each item into a hospital by connecting it with a concrete wall with a high air compressedsor at the construction site of the F-Housing External wall at Asan-si, in a compressed air pressure (hereinafter referred to as “the instant accident”), and was transferred to the same hospital on the same day during the process of embining not as an apparatus stuffed with wood or concrete (hereinafter referred to as “the instant accident”).

나. 망인의 중국 호구부에는 원고 B이 장자로, 원고 A가 장녀로, 동생으로 D이 각 기재되어 있었는데, 망인의 사망 이후 망인의 동생인 D이 호주가 되면서 원고 B이 질자(姪子)로, 원고 A가 질녀(姪女)로 각 기재되어 있다.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 5, and 7, the purport of the whole pleading

2. In determining the legitimacy of Plaintiff B’s lawsuit, a minor may conduct litigation only by his/her legal representative. According to the evidence No. 3, Articles 11 and 12 of the People’s Republic of China’s Republic of China’s Civil Code stipulate that a minor who is more than 10 years of age and less than 18 years of age may conduct civil activities by proxy or by obtaining the consent of his/her legal representative. Article 14 of the same Act provides that a person who is incapable of performing civil acts and a person with limited capacity of civil acts are his/her legal representative. Article 16 of the same Act provides that a minor’s parent is a person with limited capacity of care and custody, and a parent of the minor is a person with limited capacity of care and custody, and his/her father, maternal parent, person with limited capacity of civil acts or a person with limited capacity of care and custody if the parent has already died or has no legal capacity of care and custody.

However, as of the date of the closing of argument in this case, Plaintiff B is a minor, and Plaintiff B is a legal representative.

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