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(영문) 부산지방법원동부지원 2017.06.28 2016가단201571
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is "the restaurant in this case" in Busan Shipping Daegu F. The plaintiff is "the restaurant in this case."

B. On January 6, 2015, the Plaintiff provided alcoholic beverages to Defendant D (the other person’s resident registration certificate stored in the Handphone from his birth in 1998), who is a minor, provided alcoholic beverages to D such as D.

C. On January 6, 2015, police officers belonging to the Busan Police Station were dispatched to the instant restaurant and confirmed the identification card of juvenile Defendant D, etc., and the Plaintiff was subject to a penalty surcharge of KRW 18,800,000 in lieu of one month of business suspension due to the act of providing juvenile alcoholic beverages from the Busan Metropolitan Government Maritime Transportation Daegu Office on March 4, 200-15.

hereinafter referred to as "administrative disposition of this case"

A person shall be appointed.

D. Defendant B is a manager of the instant restaurant, Defendant C is a person who served as a shop, and Defendant E is a mother who is a person with parental authority over Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Gap evidence 5-1 through 5, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) Defendant B and C’s claim against the Defendant B and C is the manager and store of the instant restaurant, who is obligated to educate and supervise the employees in the store in spite of the duty to educate and supervise the customer’s identification card in the event that he/she provides alcoholic beverages, and thus, caused the Plaintiff to undergo the instant administrative disposition, and thus, is liable to compensate the Plaintiff for damages equivalent to the penalty surcharge.

(2) Defendant D’s claim against Defendant D and E offered alcoholic beverages by presenting another’s resident registration certificate to enable H to identify himself/herself as an adult. Defendant D is liable for compensating the Plaintiff for the damages incurred to the Plaintiff due to the aforementioned tort (= penalty surcharge of KRW 18,800,000 + 10,000).

Defendant E is a parent of Defendant D and neglected to perform the duty of care supervision for children.

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