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(영문) 대전지방법원논산지원 2017.11.02 2016가단21707

손해배상(기)

Text

1. The defendant,

A. 8,142,600 won and the interest rate of 15% per annum from June 1, 2016 to the day of complete payment to Plaintiff A.

Reasons

1. Facts of recognition;

A. Plaintiff A and E are students attending the first-year course of G Middle School located in F in 2016 Seosan-si in 2016.

Plaintiff

B and C are the parents of the plaintiff A, and the defendant is the father of E.

B. E, around 16:08 on May 31, 2016, from the second floor of G Middle School, around 16:08, in its left part and the right side part of the Plaintiff A, and walking her walking her seat.

As a result, the plaintiff A suffered from the injury suffered by 2 the first half.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap 1 through 3, and evidence of 6 through 8, and images, and the fact inquiry result of each court's fact inquiry, the purport of the whole pleadings and arguments.

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant, who is referred to E, has a duty to supervise E, and is liable to compensate the plaintiffs for damages caused by the accident of this case pursuant to Article 755 of the Civil Act, unless there are special circumstances.

B. The Defendant did not neglect the duty of supervision over E, and even if so, was negligent by neglecting the duty of supervision.

Even if there is no proximate causal relation with the accident of this case

(2) The plaintiffs' negligence must be offset.

(3) The purport of this case is that the school is liable for damages through the School Safety Mutual Aid Association, and the defendant is not liable for damages, as the accident occurred in the educational activities in the school and the life relationship closely indivisible.

However, there is no evidence to deem that the instant accident was caused by a minor who has no ability to assume responsibility, and that the Defendant did not neglect to perform the duty of supervision (the Defendant invoked the Supreme Court Decision 93Da13605 Decided February 28, 1994, but this is related to tort liability to be borne by a supervisor of a minor with ability to assume responsibility, who is 17 years of age and 9 months of age, and thus, cannot be applied to this case), and there is any cause attributable to the Plaintiffs in the instant accident.