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(영문) 대구지방법원 2020.09.08 2018가단125805

공제금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

가. 원고 A은 2015년경 G고등학교에 체육특기생(농구)으로 입학하여 농구부에 소속되어 있었는데, 2016. 3. 26. 학교 강당에서 훈련 중 레이업 슛을 하고 착지를 하다가 무릎에 충격을 받는 사고(다음부터 ”이 사건 사고“라 한다)로 좌측 슬관절 전장십자인대가 파열되어 병원에서 치료를 받다가 2016. 4. 7. 좌측 전방십자인대 재건술, 연골봉합술을 받았다.

B. Plaintiffs B and C are the parents of Plaintiff A, Plaintiff D are the same students, and Plaintiff E is a mother.

C. The Defendant is a corporation established to carry out a mutual aid project for school safety accidents pursuant to the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which is a school safety mutual aid business operator to which the head of the G High School has joined.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that they suffered from school safety accidents during their educational activities and even after the completion of medical care. There is a disability even after the completion of medical care. The difference between the outline of the plaintiff A due to 3 meters from the right slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive 7,508,560 won in total and 37,508,560 won in total and 500,000 won in total and 50,000 won in consolation money for each of the plaintiffs, D, 12,50,000 won in 10,000 won in 36,500 won in 2,505.

B. Article 37(1) of the School Safety Act provides that “Where a beneficiary who received medical care benefits has a disability even after the completion of the medical care, Article 3(2)3 of the State Compensation Act shall apply.”