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(영문) 대전지방법원 2019.08.29 2016가단228076
손해배상(기)
Text

1. Of the instant lawsuit, the part concerning the claim for damages amounting to KRW 2,409,180 is dismissed.

2. The defendant shall pay to the plaintiff KRW 39,102,564.

Reasons

1. Facts of recognition;

A. On July 23, 2016, at around 08:00, the Plaintiff suffered bodily injury, such as the malone and the skin loss on the left side of the instant accident dog, after asking the left her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst herst herst and her her part, and the her her herst herst herst her herst herst herst herst herst herst herst hersts

(hereinafter “the instant accident”). At the time, E was placed in the instant accident dog, and E did not put in the instant accident dog.

B. Meanwhile, the Defendant is an insurer who entered into an insurance contract for liability for damages among family members and family members living together.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 2 (including each number, if any)

2. Occurrence of liability for damages;

A. The possessor of an animal shall be liable to compensate for damages inflicted on another person unless he/she proves that he/she has not neglected due care in the custody of the animal according to the type and nature of the animal.

(Article 759 of the Civil Act). According to the above facts, E is the possessor of the accident of this case, and the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the insurer of this case.

B. The defendant asserts that the accident of this case occurred as to the limitation of liability of the plaintiff at the time of the accident of this case, and that the defendant's responsibility for the accident of this case should be mitigated.

According to the fact-finding results with respect to F, an incorporated association of this court, the Jatat generally recognizes the fact that anyone who does not know about the situation does not act without any person, while he or she can be found to have a habit of attack when he or she talks or approaches. However, in full view of the above facts and the purpose of the entire arguments and evidence.

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