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(영문) 대구지방법원 2018.06.29 2016가단131547

공제급여청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who was a student in the third grade in Daegu High School, and the defendant is a juristic person established by making the principal of a school located in Daegu Metropolitan City as a subscriber to conduct a school safety mutual aid project.

나. 사고의 발생 원고는 2013. 4. 25. 20:00 경 야간 자율학습 중 잠이 온 나머지 창문 바깥 난간에 나가서 찬바람을 쐬고 싶은 충동을 느껴 창문을 통해 난간으로 나가던 중 중심을 잃고 추락하여 제1요추체 방출성 골절, 척수 손상 등의 상해를 입었다.

(hereinafter referred to as the "accident of this case")

C. In the instant accident, the Plaintiff was diagnosed of the 1st century’s emissions and damage to water, and was subject to the 11-12 chest-1-2 Mono-1-2 Mano-12 Mano-1-2 Mano-Mano-1-2, and was given a physical disability examination that falls under class 6-4 of the Enforcement Decree of the Act on the Prevention of and Compensation for Accidents at the Yong-Namnam University Hospital due to the chronic disorder, etc. (hereinafter referred to as the “School Safety Act”).

The plaintiff filed a claim for deduction benefits and the plaintiff filed a claim for deduction benefits to the defendant after receiving medical treatment for injury caused by the accident in this case. The defendant applied 70% of the labor disability loss rate under the above physical disability grade under the Enforcement Decree of the School Safety Act and 50% of the plaintiff's negligence to pay 156,886,400 won as follows with medical care benefits and disability benefits.

(1) The details of the payment of deductible benefits (1) medical expenses of 173,050 won in medical care benefits = 50% (the plaintiff himself/herself's negligence) = 86,525 won (2) : 70% (the disability rate) 20 million won in case of the plaintiff's parent (the plaintiff himself/herself's negligence) = 7 million won in case of the plaintiff's parent (the plaintiff himself/herself's parent 1/2): 1/22 = 7 million won in case of the plaintiff's mother, mother, and father (the plaintiff himself/herself 1/8): 1/83 = 2,625,00 won in case of consolation money.