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(영문) 대법원 1969. 7. 8. 선고 68다2406 판결
[위자료등][집17(2)민,279]
Main Issues

The ability of minors to assume responsibility for illegal acts;

Summary of Judgment

If the age of the City is 18 years, 7 months, 17 years, 16 months, 10 months, and 13 years and 3 months during the second grade of a middle school, the relevant City has the ability to change the responsibility of the tort, unless there are special circumstances.

[Reference Provisions]

Article 753 of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant 1 and three others

Judgment of the lower court

Incheon support in the first instance court, Seoul High Court Decision 68Na393 delivered on November 6, 1968

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

In light of the Plaintiff’s grounds of appeal, Nonparty 1, the original judgment of which was the original judgment, was 18 years and 7 months in this case, Nonparty 2, and Nonparty 3, the 17 years and 16 years and 13 months in this case, and Nonparty 4 was attending the middle school and 2 years in middle school. Thus, barring special circumstances, barring special circumstances, it is reasonable to recognize that the above person was able to recognize that he had the ability to change his responsibility for the act of causing the death of the person by taking the two parts of Nonparty 5, the 2 south of the Plaintiff and Nonparty 5 on the end of wrapping with Nonparty 5, thereby causing the injury to the person. Therefore, there is no error of law by misapprehending the legal principles on the responsibility of tort.

Therefore, the appeal is dismissed. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by all participating judges.

Justices Cho Gyeong-hwan (Presiding Justice)

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