The ability to commit a tort by a second-year student in middle school who is 15 years of age and 7 months and his/her supervisor's responsibility;

Although the date of birth on the family register of the non-party witness was about April 15, 1951 and about 14 years and 7 months, considering the witness's testimony, the actual age was more than the age on the family register, and the witness's testimony was more than the age on the family register, and so there was an intelligence to fully change his responsibility for the act, and his father did not have a duty to compensate for it as his supervisor.

Articles 753 and 755 of the Civil Act

68Da1822 decided Feb. 25, 1969 (Supreme Court Decision 120Da1820 decided Feb. 25, 1969; Supreme Court Decision 17Da132 decided Feb. 232; Decision 753(2)548 of the Civil Act

Plaintiff 1 and two others

Defendant

Busan District Court (68Ga2139)

The part concerning plaintiff 2 in the original judgment on the plaintiff 2 shall be modified as follows:

The defendant shall pay to the plaintiff 2 the amount of 35,00 won with the rate of 5% per annum from June 26, 1968 to the date of full payment.

All remaining claims of plaintiffs 2 and appeals of plaintiffs 1 and 3 are dismissed.

Of the costs of appeal, the portion of the costs of appeal brought between the plaintiff 2 and the defendant shall be divided into three parts through the first and second trials, and the remainder shall be borne by the plaintiff 2 and the defendant, while the costs of appeal brought between the plaintiff 1, 3 and the defendant shall be borne by the same plaintiffs.

A provisional execution may be effected only under the above paragraph (2).

The original judgment shall be revoked.

The defendant shall pay to the plaintiff 1 the amount of KRW 200,00, KRW 114,100 to the plaintiff 2, and KRW 50,00 to the plaintiff 3 the amount of KRW 50,000 per annum from the day following the delivery of the complaint to the day of complete payment.

The judgment of the court of first and second instances that all the costs of lawsuit are borne by the defendant and the declaration of provisional execution were sought.

In light of the statements in Gap evidence Nos. 3 (No. 3), 1, 2 (Case Marks and Transfer Documents), 8 (Report, Examination Protocol) through 10, and Eul evidence No. 2 (No. 2), and the testimony of non-party 1 and non-party 2 (except for the part which is not believed among the above testimony) of the court below's witness and non-party 3 (non-party 1 and non-party 3) without dispute, the plaintiff 1 and the non-party 3, who were in the second grade of the Masan High School located in Yangsan-gun, shall not be deemed to have suffered from the right side of the plaintiff 1 and the non-party 3, who discovered that the non-party 1 and the non-party 3 knew that the non-party 3, who was in the length of 14:00 meters at the same school, suffered from the right side of the plaintiff 1 and the non-party 3, who was in the front of the 3rd joint.

However, the plaintiffs' damages suffered by the plaintiffs due to the above tort committed by the non-party 3 are alleged to be the supervisor of the non-party. Therefore, the non-party's birth date on April 15, 1951 was fourteen and fourteen months since the non-party 4 and 5 was the birth date on the family register, but considering the witness's testimony, the non-party 4 and 5's actual age was more than the age on the family register, so it can be recognized that the non-party 1 and the non-party 1 were capable of sufficiently changing the responsibility of the act because they were the non-party 4 and the non-party 5's testimony that was transferred to the above recognition could not be trusted, and the plaintiffs' assertion

However, according to the testimony of the highest implied witness at the trial on December 7, 1966 between the plaintiff 2 and the witness, and one other, the defendant found the defendant's house. In other words, the defendant can recognize the fact that the defendant acquired the damages equivalent to the amount of the medical expenses suffered by the plaintiff 1 and agreed to pay them. However, there is no evidence to acknowledge that the non-party 6 and 7's testimony and the whole purport of the plaintiffs' oral argument, and in full view of the testimony of the non-party 6 and the non-party 7's testimony and the whole purport of the plaintiffs' oral argument, the plaintiff 2 suffered damages equivalent to 30,00 won as medical expenses for treatment of the injury suffered by the plaintiff 1's above right eye, 2,500 won as transportation expenses required for treatment, 2,500 won as the safe value, 35,000 won as the total sum, 35,000 won as well as 28,100 won as evidence.

The defendant asserts that the plaintiff 1 should be considered in determining the amount of damages because he was negligent in the accident of this case and was negligent in supervising the plaintiff 2, his father. However, there is no evidence to acknowledge that there was negligence on the part of the plaintiff 1.

Therefore, the defendant is obligated to pay to the plaintiff 2 the amount of money 35,00 won and the amount of damages for delay in civil procedure at the rate of 5% per annum from June 26, 1968 to the date of full payment. Since it is clear that all the plaintiffs' remaining claims are without merit, all of them shall be dismissed in an unfair manner. Since the part of the judgment of the court below as to the plaintiff 2 is recognized to be unfair differently from this conclusion, the other part as to the plaintiff 1 and 3 shall be revised and it is recognized that all of the appeals filed by the plaintiffs 1 and 3 are without merit. Thus, they are dismissed pursuant to Article 384 of the Civil Procedure Act, and they are all dismissed by the court below, and they are so decided as per Disposition by applying Articles 89, 96, 95, and 93 of the Civil Procedure Act with respect to provisional execution declaration, and Article 89 (1) of the Civil Procedure Act with respect to the bearing of litigation costs.

Judges Kim Young-ro (Presiding Judge) Nown river water