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(영문) 창원지방법원통영지원 2017.11.23 2015가단23375

손해배상(기)

Text

1. Defendant E, F, and G jointly share 6,037,328 won, Plaintiff B, and C, respectively, and each of the above amounts.

Reasons

1. Facts of recognition;

A. Plaintiff A and Defendant D related to the parties are attending the I kindergarten located at the H (hereinafter “instant kindergarten”).

Plaintiff

B and C are the parents of Plaintiff A, and Defendant E and F are the parents of Defendant D.

Defendant G establishes the instant kindergarten and is currently registered as a representative.

B. On April 16, 2015, the Plaintiff A, who suffered an accident, went beyond the Plaintiff A while playing in her friendship with her natives at the above I Kindergarten.

(hereinafter “instant accident.” Accordingly, Plaintiff A suffered an open wound in the area of eyebane and eyeball that requires treatment for about two weeks, and carried out a falsium.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, 3 and Eul 1 evidence, and the fact-finding results on the Office of Education (Educational Support) of Gyeongnam-do in this Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Whether Defendant D’s liability for damages was established or not, is merely a kindergarten student as of the date of the instant accident, and it is apparent that Defendant D has no capacity to assume such liability. Therefore, Defendant D’s claim for damages against Defendant D cannot be accepted.

B. As to whether Defendant E and F’s liability for damages was established, Defendant E and F’s parents are legally obligated to supervise Defendant D, Defendant E and F are liable to compensate for damages arising from the instant accident, unless it is proven that Defendant E and F did not neglect the duty of supervision pursuant to Article 755 of the Civil Act.

C. Whether Defendant G’s liability for damages is established or not, in light of the aforementioned legal principles, the head of a kindergarten or a school, the principal of a school, and teachers are obligated to protect and supervise kindergarten students and students who receive education from them in accordance with relevant Acts and subordinate statutes, including the Framework Act on Education (see, e.g., Supreme Court Decisions 96Da19833, Aug. 23, 1996; 2002Da10585, 10592, May 10, 2002).

Defendant G is the head of the instant kindergarten, within the kindergarten.