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(영문) 대구고등법원 2015.06.25 2014나23073

손해배상(기)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2-1, Eul evidence 2-3, Gap evidence 4-1 to 198, and 212, the court of first instance Y middle school of the court, the fact inquiry results against the head of Daegu Metropolitan City, and the whole purport of arguments.

The status of the parties 1) Plaintiff A and Plaintiff B are the parents of W (X) and Plaintiff C is the parents of W. 2) The co-defendants of the first instance court, including Defendant D, G, J, M, P (hereinafter “Defendant D and the co-defendants of the first instance court,” and the co-defendants of the first instance court except Defendant D, E, F, and Gyeongbukdo among the co-defendants of the first instance court, the co-defendants of the first instance court omitted the part of “Co-defendants of the first instance court,” and specify only in their names the part of “Co-defendants of the first instance court” and the name of each of them.

3) Defendant E and F are the parents of Defendant D (X). 4) At the time of 2011, S was the teachers of W at the second grade of Y middle school as of 201. T was the teachers of W at the fourth grade of Y middle school as of 2012. U was the principal of Y middle school at the time of 2012, U was 201, and V was the principal of YG at the time of 2012.

Defendant Gyeongbuk-do is a local government with a Y middle school located.

B. The Defendant aggressor student committed a harmful act 1) The Defendant aggressor student was bullying from 2011 to 2013. The Defendant aggressor student committed a harmful act against W (hereinafter “instant harmful act”).

(2) The instant harmful act against W by the Defendant aggressor was not classified, but was made at a conspicuous place such as classroom, corridor, etc., and a large number of students appeared.

Nevertheless, the harmful act of this case was not reported.

3. ① Defendant J and Defendant D are known to a majority of students of Y middle school to deduct not only W while entering AD, etc., ② M, P and others, but also other friendships.