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(영문) 창원지방법원진주지원 2017.07.04 2016가단35068

손해배상(기)

Text

1. The Defendants jointly share KRW 8,068,750 with respect to the Plaintiff and the period from September 14, 2016 to July 4, 2017.

Reasons

1. Basic facts

A. At the time of the occurrence of the instant harmful act, the Plaintiff and Defendant B (EE) are minors of 16 years of age at the time of the instant harmful act, who had an educational system for about one year from the third year of middle school, and Defendant C and D are the parents of Defendant B.

B. At around 13:00 on June 3, 2016, the Plaintiff, at G High School Class F in Jinju-si, brought a diversity between Defendant B and another female student, and Defendant B was subject to apology.

그러나 피고 B는 원고가 사과를 받아주지 않는다는 이유로 주먹으로 원고의 복부 부위를 1회 때렸고, 같은 날 17:00경 위와 같은 이유로 주먹으로 얼굴과 어깨부위를 때리고 발로 허벅지 부위를 1대 찼으며, 17:20경 진주시 F에서 머리로 원고의 이마 부위를 1대 들이받고, 주먹과 발로 원고의 얼굴과 전신을 때렸다.

As a result, the Plaintiff suffered from the 14-day act of spambling in need of treatment (hereinafter “instant harmful act”).

C. On June 15, 2016, Defendant B was subject to the measures of “the contact with, intimidation, and retaliation against, writing books, victim students, community service 10 hours, and special education completion” by the Autonomous Committee on Countermeasures against School Violence. On June 29, 2016, Defendant B was subject to the disposition of suspension of indictment from the authority of the branch office of the Changwon District Prosecutors’ Office.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, 5, 7, 8, and Eul No. 2 (including each number), the purport of the whole pleadings

2. Determination

A. According to the fact that Defendant B’s liability for damages arising from a tort was recognized, the instant harmful act committed by Defendant B to the Plaintiff constitutes a tort against the Plaintiff. Defendant B appears to have the ability to compensate for his own act as a first-year student of high school of 16 years old at the time of the instant harmful act. As such, Defendant B is liable to compensate for the Plaintiff’s damages arising from the instant provisional act.

Furthermore, the Plaintiff: (a) around December 2015, the Defendant raped the Plaintiff.