구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The basic facts are mutual aid operators who have entered into a motor vehicle mutual aid agreement with respect to the APoter Cargo Vehicles (hereinafter referred to as the “instant vehicles”) owned by Hyundai Plastic Co., Ltd. (hereinafter referred to as “SPS”).
At around 11:00 on August 31, 2012, Hyundai Plastic B driven the instant vehicle, and driven the front side road of the school meal facilities in the D Middle School located in Sungwon-si, Sungwon-si, Sungwon-si, as shown in the attached Form No. 1, in the direction of attending the school in the direction of attending the school in the front direction from the front side of the center, such as the attached Form No. 1, and imposed the right side of E(F) for students in the first grade of D Middle School on the back side of the instant vehicle.
(hereinafter referred to as “instant accident”). Accordingly, E suffered injury, such as cutting the upper right pelle and damaging the upper right pelle growth board.
E filed a lawsuit against the Plaintiff and Hyundai Plastics seeking compensation for the instant accident as the Changwon District Court 2015Kadan15545.
On July 22, 2016, the above court rendered a judgment that "the defendant jointly pays to the plaintiff (E) 28,359,865 won and interest calculated at the rate of 5% per annum from August 31, 2012 to July 22, 2016, and 15% per annum from the next day to the date of full payment." The above judgment became final and conclusive on August 13, 2016.
[Ground of recognition] Facts without dispute, Gap Nos. 1 and 2 (including part number, hereinafter the same shall apply), Eul Nos. 1 and 3, and the purport of the whole pleadings, the plaintiff's accident of this case is not only the negligence of the driver B of this case, but also the violation of the duty to protect and supervise the principals of D Middle Schools and teachers.
In other words, the D Middle School principals and teachers neglected their duty to protect and supervise their students in order to prevent traffic accidents by thoroughly providing safety education to their students and by installing signs on the method of safe traffic at the location of the accident in this case.