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(영문) 울산지방법원 2017.12.19 2016가단66294
손해배상(기)
Text

1. The Defendants: (a) against each of the Plaintiffs A, KRW 7,735,538; and (b) against the Plaintiff B, KRW 11,881,890; and (c) against each of the said money, September 16, 2016.

Reasons

1. Facts of recognition;

A. At around 2:35 on September 16, 2016, Defendant C heard the words “Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie., Ie, Ie, Ie, Ie, Ie, Igre the Plaintiff’s chest who was under influence of alcohol in front of the F

The plaintiff A, who continued to see this, continued to take part in several times the chests of the above plaintiff A, who was going beyond the face of his face.

(hereinafter “instant harmful act”). B.

Plaintiff

A due to the above Defendant’s above harmful acts, suffered damages, such as the 1 cage cage cage cage cage fages, and Plaintiff B suffered damages, such as the cage cage cage fages

C. Defendant C sent juvenile protection cases to the Ulsan District Court in relation to the above harmful act as a student (Ulsan District Court 2016Ma719). (C) received a decision on protective disposition on November 30, 2016 from the above court.

Defendant D is referred to Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 5, and 8 (including paper numbers), the purport before oral argument

2. Occurrence of liability for damages;

A. According to the facts of recognition of Defendant C’s responsibility, it is reasonable to deem that Defendant C was a minor of the third-year high school at the time of the instant harmful act, but was an intelligence to change his responsibility for his act, i.e., the ability to assume the responsibility. As such, Defendant C is liable to compensate the Plaintiffs for damages caused by the instant harmful act

B. Even if Defendant D’s responsible minor is liable for tort on his own due to the ability to assume responsibility, if there is a proximate causal relation with the minor’s breach of duty by the supervisor, the supervisor shall be held liable for damages as a general tortfeasor. According to the above recognition, Defendant C is living with Defendant D and under protection and supervision, and the above Defendant’s children do not cause harm to others.

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