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(영문) 서울남부지방법원 2020.11.19 2019가단265974

손해배상(기)

Text

1. The Defendants jointly share KRW 5,304,200 to Plaintiff A, KRW 500,000 to Plaintiff B, and KRW 1,034,400 to Plaintiff C, and each of them.

Reasons

1. Facts of recognition;

A. The plaintiff B and C are the parents of the plaintiff A.

Defendant E is the head of Yeongdeungpo-gu Seoul Metropolitan Government F Building and H Child Care Center in subparagraph G, and Defendant D served as the Plaintiff’s infant care teacher at the above child care center.

B. Defendant D, at around 11:00 on October 22, 2018, considered Defendant D’s hand to have the Plaintiff’s joint nose attached to each other on the ground that the Plaintiff (two years of age at the time) discussed the valley from the meal service without eating it.

On March 8, 2019, Defendant D received the Seoul Family Court Decision 2019 Dongber10 on a protective disposition that orders probation for 40 hours and 6 months.

[Ground of recognition] Facts without dispute, Gap evidence 2, 7, Gap evidence 6-1 to 4, or the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Therefore, Defendant D as a child abuse offender, barring any special circumstance, is jointly liable to compensate Plaintiff A, Plaintiff B, and C for the damages incurred from the crime of child abuse, as the employer of Defendant D, and jointly liable to compensate Plaintiff B, their parents.

B. On the other hand, Defendant E asserts that there is no liability for damages because it has been due to considerable attention to the appointment and supervision of Defendant D.

In full view of the overall purport of the arguments in the statements in Eul evidence 2-1 through 3, 6, and 10, defendant Eul had infant care teachers, including defendant D, complete child abuse prevention education organized by the "I Center" on March 17, 2018, and plaintiff Eul received online child abuse prevention education organized by the "J Academy" on January 6, 2018, and the fact that the plaintiff Eul received online child abuse prevention education organized by the "J Academy" on January 6, 2018, and the fact that the plaintiff Eul was four persons aged 2 and older.

However, in light of the overall purport of the arguments in Gap evidence No. 9, it can be recognized that defendant Eul knows that there is little possibility that defendant Eul would go through the plaintiff's previous arguments. Nevertheless, defendant Eul will pay attention to the care of defendant Eul and observe it.